Legal Advice for Maritime Workers

Do Dockworkers Have Special Laws That Protect Them In the Event Of an Injury?

2009-07-22T10:37:00.000-05:00

Dockworkers and Longshoreman do, in fact, have a specific law which is targeted at protecting them financially in the event that they are injured while on the job. There are a number of laws like this that are profession specific. These laws usually relate to those jobs that are more dangerous or more likely to result in the injury of a worker in order to ensure that people still feel protected enough to fulfill those essential services. In the case of dockworkers and longshoremen, it is the Longshoreman and Harbor Workers Compensation act. Usually you will just see this listed as the LHWCA.

This act provides medical benefits as well as covering the cost of rehabilitation for any injury sustained by these workers by on the job. In fact, this act also provides benefits for diseases that they may contract from their work, or that may be made worse by the conditions in which they work. They also will receive compensation for lost wages so that they can continue to support themselves in a proper lifestyle; meeting a basic standard of living. When this law was originally created, it only covered workers who weren't already covered by a workers’ compensation law in their state. However, it has now been changed to cover all workers who specifically fall under its guidelines.

It is important to understand who is covered under the LHWCA in order to realize who can receive these types of benefits and who would be required to file a more traditional workers’ compensation claim in the event of an injury while at work. Longshoreman, dock workers, harbor workers, anyone directly working on building or repairing ships, and ship breakers are all considered covered under this law. However, those who might work for a harbor in an office situation as an example, are not covered, and would have to file a different type of claim if injured on the job.

Does the Jones Act Protect Oil Rig Workers?

2009-07-20T10:36:00.000-05:00

Offshore oil rigs are another one of those murky areas of law when it comes to what regulations and statutes cover workers who are injured while working on one. In fact, it is possible to say that oil rigs are among the most complicated of these situations to analyze. This is because, depending on the type of rig on which one is working, there are different laws that might apply. Therefore, in order to figure out whether or not the Jones Act will protect you if you're working on an oil rig, it is first important to understand the specifics of the type of rig that you are working on.

If you're on a floating oil rig or jack up, then you might, in fact, be covered under the Jones Act because you could be considered an employee of a seagoing vessel. This is the specific type of worker that the Jones Act is designed to cover. It is important to have laws in place like this which do cover the rights and protect oil rig workers. Working on off shore drilling rigs has been shown to be among the most dangerous career paths a person can take, which is why the compensation for these workers is high and why there are specific laws in place to protect them.

If the Jones Act does not apply, such as for someone working on an offshore drilling rig which is permanently affixed to the ocean floor, there is another law beyond basic workers’ compensation laws which can protect the rights of the workers on that oil rig. This is the Longshoreman and Harbor Workers Compensation Act, or LHWCA. This law covers most maritime workers who are working on or around the water, who for one reason or another aren't already covered by the Jones Act.

Am I Covered by the Jones Act as a Dockworker?

2009-07-19T10:35:00.000-05:00

Understanding Maritime Law can be complicated at the best of times and, as there are many different types of laws which cover the injuries of those who work in and around the water, it can get extremely cloudy as to which laws cover which workers. Dockworkers are especially unclear as to which laws cover them. It is important to know which laws apply to you. Unfortunately, accidents do happen, but if you know what laws are in place to protect you, you can have a good idea of how best to proceed in the unfortunate event of any of these injuries taking place.

If a dock worker has heard about the Jones Act, they are often going to wonder if they are covered under this law. The Jones Act is a federal law which covers the workers and seamen who are employed by a seagoing vessel. The confusion could come from the fact that this law also applies to those employees even when they are not directly on the ship, such as when they are working on the dock. However, for people who are actually dockworkers, and not just seamen who happen to be working on the dock at the time of their injury, there is a separate law.

The law in place to protect dockworkers in the case of an injury is called the Longshoreman & Harbor Workers Compensation Act, commonly abbreviated as LHWCA. This law covers dock workers and enables them to make a claim in the event that they are injured or contract an illness as a result of their work, and also extends to employees of many off shore oil platforms (except for certain types of those which would instead be covered under the aforementioned Jones Act.) The LHWCA pays out benefits for a worker injured on the job in order to help to pay for his medical care and rehabilitation, as well as helping to make up for lost wages.

My Husband Died While Working On the River and I Believe Negligence Was Involved

2009-07-18T10:12:00.000-05:00

When someone dies while working on a boat or a ship of any kind, there are typically two laws which might apply. There is the Jones Act and the Death on the High Seas Act. The Death on the High Seas Act, however, would not apply to someone working on a River, so if, as an example, a woman's husband were to die while working on a river, the law they would want to pursue would be the Jones Act, which also covers navigable waterways, such as large rivers. The Jones Act also covers injuries sustained while a vessel is docked and not just ships working more than three nautical miles out from shore like the Death on the High Seas Act.

Benefits from the Jones Act are not only payable to the person who is injured while on the vessel. If this were the case, there would be no recourse for the spouse of someone who was killed while working on a vessel, but the truth is that if someone does die while employed on a boat or ship, their spouse does retain the right to file a claim under the Jones Act.

When negligence is suspected in the case of the death of an employee of a boat or a ship, there are other statutes which also come into play, such as the General Maritime Law. Negligence is a very serious charge and, if true, can also entitle you to additional benefits; however, this is a very complicated area of the law. If you have reason to suspect negligence, or for that matter have any need to make a death claim regarding maritime law or the Jones Act, it is very important for you to hire a maritime lawyer or Jones Act specialist in order to ensure that you are treated fairly and that you actually receive the compensation that you are due.

My Boss Told Me That if I File a Claim, I'll Lose My Job

2009-07-15T10:11:00.000-05:00

Unfortunately, after the unfortunate circumstances of getting injured on the job, you are not likely to receive a lot of support from your employer. It can become very clear, very quickly, that they are in fact a company and, even if you get along well with a manager or immediate superior, if you are injured, the situation will quickly become a case of the company as an entity trying to protect their assets. That usually means hanging you out to dry.

As soon as a company has an employee at sea injured who would be covered under the Jones Act, the first thing they do is tell their lawyers. Those lawyers are immediately going to want to do two things: 1.) talk to you, and 2.) have you sign certain documents. These discussions and forms will often be used by the company’s attorneys in order to try entrapping you into a lie if your story varies even a tiny bit at some time in the future. They can sometimes even be up to worse things than that with the statements and documents they are requesting from you, such as signing away any responsibility of the company whatsoever. The most important thing you can do is to do absolutely nothing; not until you have talked to a Jones Act or maritime law lawyer.

If you refuse to give a statement or sign anything, you will quite often be threatened with termination. This, again, just emphasizes the need for you to get in contact with a lawyer. If they, at any time, threaten you with termination while trying to get you to perform any action after you have been injured on their sea going vessel, the best thing you can do is to refuse to have any further dialogues with them at all until you have an attorney present. That does mean ANY dialogue at all, because even the most innocuous sounding remark can be used against you in the future.

My boss wants me to sign this form...

2009-07-14T10:11:00.000-05:00

One of the most common reasons that people lose their chance to make a valid claim under the Jones Act is because they sign something after their injury without fully understanding what they may be signing.

This isn't meant to insult anyone's intelligence, it is merely meant to put things all in their proper perspective. After you are injured on the job while at sea, your employers are immediately going to see the possibility of a Jones Act claim being laid against them. While you likely do not have the services of a full time Jones act lawyer on your staff, as a company which employs several people at sea, it is a safe bet to ensure that your employers do. In fact, many larger shipping companies have entire legal departments, staffed with several experts in this area.

Many times, immediately after you are injured your employer and their lawyers are going to overwhelm you asking you to sign various documents, which may either state that the events occurred in a certain way or that waive certain portions, if not all, of your rights. It is always good advice to never sign legally binding documents without first having a lawyer review them, but this is doubly important in this type of a situation.

When you're injured on the job, your ability to earn income and sustain your standard of living can be seriously in jeopardy unless you have a means of being paid fairly for an on the job injury. That is why you need to seek the services of a lawyer who specializes in Jones Act cases as soon as you can following your injury; especially if your company is trying to make you sign documents of any kind after the accident. The most basic and safest rule to follow whenever you sustain an injury on the job, whether on dry land or sea, is to never sign anything until you consult with a lawyer who specializes in your type of on the job injury.

Will I Be Covered by the Jones Act If I’m Working on a Moored Vessel?

2009-07-12T10:32:00.000-05:00

The definition of what kinds of seagoing vessels are covered by the Jones Act has certainly been cause for confusion in the past. Court cases have continuously emerged over the course of the last several decades that have expanded and refined the definition of which workers are covered under the act and which are not. One example of the fine lines that the courts have drawn is moored vessels. If you happen to work on a moored vessel, you may find the following information very helpful if you are ever injured while performing the duties of your job.

The coverage of an employee working on such a vessel depends mostly on the degree to which the vessel is moored. As the definition has evolved, certain things such as floating oil platforms, which, while moored, are afloat and being worked on while at sea, have been determined to be covered under the Jones Act. So, if you're working aboard a floating oil rig, a stationary barge, or other similar type of vessel, there is a good chance that you're going to be able to receive benefits under the terms of the Jones Act in the event that you are injured while at work.

However, there are vessels which are not covered under this act. This includes those which have been permanently moored to the shore or the banks of any body of water. This includes structures like dry docks, wharves, and certain boat structures, which are no longer counted as vessels. This would also exclude any boats which are connected to the infrastructure systems of the city in which they are located, such as a boat which is receiving electricity, water, or telephone connections from the city they are docked in. So again, whether or not your vessel is moored is less important than the degree to which it is considered to actually be a vessel under the terms of the Jones Act, when determining whether or not you could receive Jones Act benefits if injured while at work.

What Type of Attorney Should I Seek to File My Claim?

2009-07-12T10:10:00.000-05:00

When someone is injured at sea, they have the right to make a claim in order to receive benefits to help them compensate for the cost of their injury. Injuries that happen at sea are handled in a slightly different manner than injuries which happen while working for a regular company on dry land. If you are injured while working on an American vessel, you are in fact covered by the national law, “The Jones Act” which is designed to protect the safety and the livelihoods of American Seamen.

The Jones Act, a federal law which applies to all American vessels, is an incredibly convoluted and complicated portion of the law. It can at times be even considerably more complicated than the laws and claims which are covered under standard workers compensation laws. This is why a regular workers’ comp lawyer is generally not who you want to hire in order to make a Jones Act claim. Instead you should hire a lawyer who specializes in the Jones Act, or in maritime law, as they are going to be better prepared in order to ensure that you receive a fair compensation for your injuries.

Seeking a Jones Act attorney will give you the best chance possible to receive a fair payout for your injury. Payouts under the Jones Act can potentially be much higher than those which are paid under a regular workers compensation claim. However, the convoluted nature of these laws can make it very difficult for you to make a successful claim without the help of a qualified specialist attorney. If you are injured while at sea, please do yourself a favor and immediately seek out the assistance of a Jones Act attorney. It’s preferable if you can find one that can prove their experience with a proven track record of successful claims.

How Long Do I Have to File a Jones Act Claim?

2009-07-09T10:09:00.000-05:00

When people are injured on the job, it instantly opens up a very large can of legal worms that can sometimes be very difficult to sort through. There can be a lot of conflicting information being thrown your way. People will be telling you about their experiences or what happened to a friend or family member, you will hear things on television and the company you work for will be trying to push forms in front of you to sign. Because of this, it can sometimes make it difficult to know who is telling the truth. However, it is important that you stop the confusion by speaking with an attorney that is aware of the laws governing your situation.

You may end up feeling a little overwhelmed with the legal terminology that is being presented to them by your lawyers and your employers, there is also the insidious nature of some injuries, wherein a small incident can actually cause a chronic and long lasting problem, or one that increases in severity of its own accord over time. When workers who were working on a seagoing vessel are injured in this fashion, one of the questions they sometimes ask themselves is how long they have to file a Jones Act claim. Especially if it has been some time since their initial accident when the injury truly begins to affect their life, this can be something they wonder about. The Jones Act does cover almost all people injured at sea; however, it is a complicated legal area, making this a very natural question.

The statute of limitations on a Jones Act case is actually three years. This means that you have up to three years from the date of your injury to file a Jones Act claim. A Jones Act lawyer can better counsel you on the specifics of how this works, but the message here is that you shouldn't let your employers pressure you into signing anything or agreeing to anything because they insinuate that time is running out. You have plenty of time to file your Jones Act case, so do not allow that to be used as means to leverage you into signing something that you don't have to.

Are Dock Workers Protected Under the Jones Act?

2009-07-06T10:05:00.000-05:00

The question of whether or not Dock Workers are protected under the Jones act is a complicated question of maritime law that usually has to be sorted out by a qualified maritime lawyer in order to become clear, however, there is a general guideline that can help you understand whether or not you should be looking to pursue a Jones Act case. You see, the interesting thing to remember is that, in either case, you will be covered under one element or another of maritime law. Because of this fact, seeking out a maritime lawyer is always going to be a good idea if you are injured while working on a dock.

The exact law may be more complicated than this, but here is a good guideline for establishing eligibility under the Jones Act. If you are working on a dock but are employed by a sea going vessel, even while working on the dock or in port, should you become injured, there is a good chance that you are going to be able to make a claim under the Jones Act. On the other hand, longshore and harbor workers who are actually not employed by the vessel are not covered under the Jones Act. Instead, there is a different law which protects them which is called the Longshore Harbor Worker's Compensation At.

Whichever of these situations applies to you, the important thing is going to be to consult with a qualified attorney who specializes in maritime law to see where your particular case fits in, and how to best proceed with filing a claim and getting compensation. Remember, dockworkers and ship workers both need to follow some basic advice while injured on the job, one of the most important pieces of that advice being not to sign anything that your company puts in front of you until you consult with the attorney that will be handling your case.

How Many Times Has the Jones Act Been Amended Since Its Creation?

2009-07-04T10:07:00.002-05:00

Since the inception of the Jones Act in 1920 there has been a need for this federal law to be clarified more specifically. This act does set guidelines for maritime law; however, since the recent advancements in modern day life, there has been a need to reform this law time and time again.

After this bill was passed there was much controversy over how to define seamen and who would be protected by its statutes. In 1927 Congress tried to clear this controversy up through the passage of the Longshoremen's and Harbor Workers Compensation Act (LHWCA). This amendment still left dozens of unanswered questions. However, it did work to realize sailors were no longer the primary loaders and un-loaders of ships and that dockworkers had taken over this responsibility. Although this extension now excluded any crew members of vessels so there was still much to decide after this amendment.

This debate would always resurface and lawsuits would arise such as the South Chicago Coal & Dock Co. v. Bassett case which led to Congress passing the declaration of a seaman not being defined if their duties did not pertain to the ships navigation. This amendment only left more confusion and was begging for another reform.

A court case in 1955, Gianfala v. Texas Co, saw the Supreme Court state the definition of a seaman would be determined by the jury. The specification of a “seaman” came to include laborers on floating oil drilling platforms and dredges. There was still too much grey area in a very serious matter that was growing with each passing year and the result was an eruption of Jones Act litigation. This also led to nearly 100,000 Jones Act lawsuits in a ten year period between 1975 and 1985.

In 1995 the Supreme Court would finally make a better conclusion as to the defining of a modern seaman. But, after a long bout of people demanding a reform for the maritime law, this amendment was still was not enough.

There has been much debate over this matter and until the Supreme Court can clearly define what makes a sailor a sailor there will be controversy surrounding this maritime law.

What Are Considered Reasonable Requests Under the Jones Act?

2009-07-02T10:12:00.002-05:00

When you are employed as a seaman, you are protected in the event of an injury under federal law ruling and the Jones Act. The right for a seaman that is injured during a period of employment is called “maintenance and cure”. This basically defines medical benefits – known as cure – and living expenses – known as maintenance.

Being a seaman, the medical benefits you are entitled to cover hospitalization, physical therapy, doctors visits (or medical care), medication, and the facilitation of medical equipment. If you are a seaman and are in need of any of these instances due to your employment as a seaman, your employer is required to cover these payments – end of story.

If unable to work as a result of an injury or work related health endangerment, a seaman is also entitled to payments for everyday living expenses which include:

- Grocery Bills

- Utility Bills

- Cosmetic and Toiletry Expenses

- Any Other Reasonable Expenses

The only reason any of this is possible is due, in part, to the Longshoremen’s and Harbor Workers’ Compensation Act of 1927. This recognized that people were in need of a federal law to ensure seamen were protected in the same way as everyone else. This was even more important because there are countless things that could go wrong while out at sea thus making employment at sea extremely dangerous even under the safest conditions.

Sadly, not every employer is going to adhere to the guidelines and practices of the Jones Act. Due to there being so many uncovered issues with the maritime law, employers have the power to find loopholes in the act and the amendments. When dealing with any maritime law, especially in affiliation with the Jones Act, you will always want to receive consultation and be represented by a maritime law professional. An employer of seamen is required to support the legality of the Jones Act and, without proper representation; the employer could very well try to cheat you out of these compensations.

What Types of Monetary Compensation Would My Family and I Be Able to Request if I was Injured While Performing My Duties at Sea?

2009-06-07T10:14:00.002-05:00

The Longshoremen’s and Harbors’ Workers Compensation Act (LHWCA) provides adequate compensation for seaman who are injured in their line of work. This coverage provides payments for medical treatment, travel costs related to medical treatment, and services or supplies which are needed to help the recovery or treatment process. There is, of course, a lot of legality that comes into play and seeking the help of a professional maritime lawyer will always be a good first step to take.

The definition of disability in a longshoreman clause simply means the inability to perform work and receive pre-injury wages. This covers any form of disability which will entitle you to receive a weekly compensation every two weeks and will be based from a percentage of your biweekly income before you were injured. In 2006, it was estimated that the minimum compensation was $278.61 while the maximum was $1114.44.

The compensation for complete or short term disability is calculated at 2/3s the workers weekly average income. This average is determined by combining the previous 52 weeks of income. This, of course, could mean that your average might be considerably less if you suffered any periods of unemployment.

Temporary partial disability is compensated at 2/3s the weekly income loss and is based on the loss of earning potential. Permanent partial disability compensation is intended to cover the injured employee for the loss of a body part or function. This form of compensation is based on the payout schedule that is specified in the Longshoreman Act. Basically this schedule appoints a specified timeline as to how long the injured employee may receive compensation.

The LHWCA has worked to get people the coverage they need when working at sea. There are still a lot of uncovered issues surrounding these matters and you will need to speak with a maritime law professional to get the most compensation for your injury.

Will My Family Be Entitled to Adequate Benefits if I Am Injured or Killed While Working at Sea?

2009-06-05T10:16:00.002-05:00

The Jones Act, with help from the Longshoremen’s and Harbors’ Workers Compensation Act, helps bring financial security to dependents of seamen who lose their life at sea. This compensation extends to any dependants on that income and has been mandated to meet the needs of a seaman’s spouse, children, and family. Due to the high risks and life threatening environment these workers find themselves in on a daily basis, you can see the need for some form of legal protection over these matters.

Knowing what your rights are and getting the most compensation in the tragic event of losing a loved one at sea is something everyone should be entitled to. The federal law recognizes this, even if sometimes an employer doesn’t. If you are dependent on someone that is risking their life every time they go to work, you need to know that, if something were to happen, you are going to be taken care of after the grieving is over.

The system is basically designed to give percentages of your weekly wages to qualifying, dependant family members. The death benefits that surround maritime law are not the most amazing compensation; however, the employers are required to compensate until the family member in question can achieve financial independence, be remarried, or turn 18. There is even a $3000 dollar funeral expense that is covered under maritime law.

A surviving spouse is eligible to receive half of the weekly wage earned by the seaman. If there are children involved, then this compensation obviously increases. This is worked out by compensating the surviving dependants with half of the seaman’s weekly wage. If you have more than one child you are eligible to get 2/3s the weekly income. This will be paid until the child, or children, turn 18. There are specific circumstances that see this get extended, but is normally on a case by case basis.

What Limitations Does the Jones Act Have?

2009-06-03T10:13:00.002-05:00

While the Jones Act is great in its intentions it does not cover many issues that are surfacing around the world today with maritime law. Since being put into federal law in 1920, the Jones Acts has undergone much scrutiny as times have changed and we see more people choosing a maritime life.

Initially, this act was designed to give rights to seamen who were serving their country and risking their lives to do so. This was a law that was passed to protect seamen from shipmasters and other crew members. While this is great in theory, we see it become outdated due to more people finding a maritime life outside of the military service.

This act was also designed for maritime people that would be out at sea for years. This means they would never be stepping a foot on land. This is the very essence of why this act was passed through Congress. Life on land and life at sea are two completely different things. People who are living at sea are susceptible to having many issues occur that endanger their lives. Something needed to be done to make sure that, during these long ventures at sea; people were protected by the rule of law.

People had been asking for a reform for years and, during the 1980s, people were demanding the Supreme Court step in and clearly state who and what this act was covering. Finally, in 1995, the Supreme Court made a ruling and modernized this – at the time – 75 year old bill.

The definition of a seaman had been reformatted to protect people who were also living on land as well as the sea. The ruling, known as Chandris, Inc. v. Latsis, stated that anyone who was contributing to the livelihood of a vessel would be protected under the Jones Act. The other side of this coin covered any sea-person as long as they contain a connection with a vessel or group of vessels and maintains a substantial time of labor and duration.

This revise of the Jones Act still leaves a lot of unanswered questions and the only real way to know for sure is to seek consultation from a maritime lawyer. So, you see, the drawbacks of the Jones Act are a product of the Supreme Court not making the necessary clarifications as to what means what in this ever changing world of maritime law.

If I File a Claim Under the Jones Act, What Paperwork Will I Need?

2009-05-30T08:00:00.000-05:00

If you are injured while working on a maritime vessel or for that vessel and are injured even while on land, such as on a dock or in a harbor, you are likely going to be eligible to file a claim under the statues of the Federal Jones Act. The Jones Act is a maritime law or admiralty law which protects maritime workers and seamen. However, there are some important things to remember when it comes time to handling all the paperwork and processing of putting through a Jones act claim.

First of all, let's cover what you don't need. What you don't want to do – ever – is to sign a document that the company puts in front of you immediately after you've been injured. In many cases this is what happens, and the company throws paper at their injured worker and before they know it, they may have signed away any rights they had to make a claim under the Jones act. This needs to be avoided at all costs, and is why you should always consult a lawyer who specializes in Maritime Law before you sign anything the company puts in front of you.

What you will need in terms of paperwork is medical records. Your attorney can handle the rest, and sometimes can handle getting copies of your medical records as well, but it is vital that you obtain as detailed copies of all relevant medical information as possible. This means much more than just a doctor’s note, and includes things like X-rays, lab results and the results of any scans or tests which are done that prove the extent of your injuries, as well as the costs being incurred for medical treatments. You are going to need to make sure that your lawyer receives a copy of all of this documentation, and you should also try and keep copies for your own records in case you run into any discrepancies down the road.

What is the Jones Act?

2009-05-27T07:43:00.001-05:00

If you work in any maritime profession, on board a ship or on an oil platform then there is a good chance that you've heard the term the “Jones Act”, but might be slightly unsure as to what that refers to. Sometimes the Jones Act is referred to as the Merchant Marine Act of 1920, as it was originally called, but is usually just referred to as the Jones Act. It is important to note that this is a federal law that applies to any state that you might be working on a sea born vessel in.

The Jones Act exists to ensure that there is a system of compensation in place in the case of an injury to a sailor or other maritime employee. This is similar to the systems that are in place for workers compensation in other jobs, however, the Jones Act is Federal rather than State Based, and is actually quite complex compared to regular workers compensation laws. Also, it is important to realize that settlements reached under the Jones Act have the potential to be much larger than other settlements in the case of worker injury in non sea related fields, something which makes companies often struggle very severely to avoid having to make a payout under the act.

The Jones Act may pay out what is known as both maintenance and cure benefits. This means that it may cover the medical expenses that a worker incurs as a result of their on the job injury, and will also make payments in order to cover their normal living expenses. These expenses need to be carefully proven and documented, and that need coupled with the complexity of the act itself makes it highly advisable for anyone making a Jones Act claim to hire a lawyer who specializes in Maritime Law before filing any kind of initial claim.

How Does the Jones Act Protect Me?

2009-05-20T12:09:00.001-05:00

Many individuals support their families with the money that they make working on the rivers, lakes, oceans, and bays within our country. Obviously, a job on any waterway can be a dangerous one. It doesn’t matter if you are a captain, deckhand, fisherman, or cook – a job on a boat has its downfalls. Slippery decks cause several injuries; however, negligence of other crew members is one of the more common causes of injury on the water.

There is a reason for every law and the Jones Act is no different. Had it not been for the courts refusing to recognize the rights of maritime workers and dig further into the cases that they attempted to file against negligent employers, the Jones Act would not exist.

Think about it. How many vessel owners think that they can get “one more trip” out of their boat before they have to make that repair? The Jones Act protects maritime workers from employers like this. It was created in order to allow injured maritime workers the opportunity to file suit against their employer when an injury has been sustained due to negligence on behalf of a crew member, captain, or vessel owner (employer) himself. The Jones Act also enables family members of deceased maritime workers to file suit if it is suspected that negligence was involved in, and ultimately caused, the death of their loved one.

The Jones Act does have some similarities when compared to Workers’ Compensation laws; however, there are very specific differences between the two. For instance, the Jones Act governs maritime workers only. In fact, with the Jones Act, workers are usually entitled to much more than what Workers’ Comp laws would provide to an injured worker. With the Jones Act, maritime workers are able to be compensated for their injury, their time off of work, and their medical bills – even future medical bills that occur due to this single injury. Of course, speaking with an attorney who specializes in this area would be your wisest decision if you are an injured maritime worker.

Can I Represent Myself Under the Jones Act?

2009-05-18T14:00:00.002-05:00

If you are hurt during your employment on any water going vessel, your rights are protected under the Jones Act. Most feel that it is most wise to retain the services of an attorney when dealing with a case that falls under the Jones Act; however, some individuals would rather attempt to represent themselves – and that is perfectly fine, as long as you know full well what they are getting themselves into.

You see, the Jones Act entitles maritime workers to a specific set of rights by law; rights that normal Workers’ Comp laws either do not cover at all, or do not cover to a degree that is fit for a maritime worker. With these specific laws, there are also specific procedures and time frames that must be met in order for a claim to be valid. For instance, if there is not enough clear evidence, your case will likely be denied. Therefore, although it is completely possible for an individual to represent themselves under the Jones Act, it usually does not return the results that one might expect.

The number one reason that individuals choose to represent themselves is to attempt to retain the cash amount that the attorney would have received, which is usually between 10 – 20% of the settlement amount. What some individuals do not realize is that, without an attorney, the amount of the settlement will likely be much less. This is because an attorney who has represented individuals in such cases before will know exactly what expenses or monetary compensation you should be entitled to receive. Many individuals that choose to represent themselves do not realize the many different things that can be included in such a suit and, if they do, it’s likely that they do not know how much they can actually ask to be compensated for.

So, if you are a maritime worker who has been injured while performing your maritime tasks and you are thinking about representing yourself, take the time to review the law and make sure that you fully understand it before you attempt to take on such a feat without the help of an attorney.

Five Top Pirate Danger Zones in the World today

2009-05-04T15:23:00.001-05:00

People have for years had a romanticized and fantasized version of piracy floating around their heads due to a number of literary and film sources. However, recent events have brought pirates back into sharp focus, and shown that there are a number of places in the world where piracy is a very real and very dangerous issue. Although the US navy and coast-guard has all but eradicated piracy around the United States and in the Caribbean, these five locations all have very real threats to ocean vessels posed by pirates in the region.

Somalia – Somali pirate attacks have been in the news a very large amount in the last year, and the region is extremely dangerous for foreign ships currently. The problem is so severe that there have been cases of multiple pirate attacks taking place in a single day.

The Strait of Malacca – A strait of water which is patrolled by Indonesia, Malaysia, and Singapore. Although attacks have decreased, it is still a piracy hotbed. The amount of trade traffic and the locations for hiding a vessel make it ideal for piracy.

Yemen – On the Asian side of the water that separates Africa from Asia, Yemen faces Somalia and Ethiopia and is subject to attacks by the same pirates.

West Coast of Africa – Although there have been many less attacks here than on the east coast, there have still been reported attacks off the coasts of Nigeria, Cameroon, Togo, and Ghana.

South America – Although a vast majority of attacks take place in the regions already mentioned, there have been some attacks in the last year in various coastal waters around the northern countries of South America. Waters belonging to countries like Venezuela, Peru, and Columbia have all seen pirate attacks within the last year.

References:

http://www.icc-ccs.org/index.php?option=com_fabrik&view=visualization&controller=visualization.googlemap&Itemid=219

http://en.wikipedia.org/wiki/Piracy#Modern_age

The Origination of the Jones Act

2009-04-26T06:18:00.001-05:00

Many of our nation’s individuals make their living working on the boats and ships that travel our oceans and waterways. The unfortunate fact is that so many of these individuals are not aware of the laws that have been enacted to protect them. The Jones Act was established to protect maritime workers when they are injured or killed on the job if negligence can be established.

The Jones Act was signed into federal law in 1920 because of the growing negligence of the employers of the time. The law enables maritime workers who are hurt while completing their duties to sue their employers to be properly compensated for their injury. However, the Act can only be enforceable if the injury was caused due to the negligence of an employer to properly maintain the vessel or if the injury could have been prevented if the captain or another crew member had not been negligent. However, the truth is that many individuals are injured for exactly those reasons.

Prior to the Jones Act being established, seamen had no chance of suing their employer and winning. The main reason for this was because, at that time, they had to prove negligence of the owner of the ship and not the negligence of another crew member or shipmaster. When the law was examined more closely, specifically between the years of 1903-1918 when the law was challenged, it was decided by Congress that something had to be done to change what was already in place.

Although some minor adjustments and more clearly defining insertions have been made since this time, the Jones Act that was set into law in 1920 is the one that still governs the rights of injured seamen today. If you are a maritime employee, you should become familiar with the Jones Act. This law could quite possibly provide for you and your family if you should ever become injured while performing your maritime duties.

Piracy Today: A Crime without Punishment?

2009-04-22T11:02:00.000-05:00

Though our world has evolved remarkably since the days of swashbuckling sea captains, we still see piracy occurring. Although we are in the age of technology, the piracy that we are referring to has nothing to do with copyright violation. Back are the days of pirate ships. Back are the days of feeling as if one must constantly scan the waters around them to be prepared and more aware of an impending attack.

Yes, today, pirates still exist. Quite honestly, they probably never ceased to exist; we just didn’t hear that much about them because pirate attacks were so rare. However, within the past year, more than 80 boats have fallen victim to pirates. In fact, it is estimated that pirates have at least 20 boats and somewhere in the vicinity of 300 hostages currently in their possession. The attacks are only increasing in number and, unfortunately, it seems as if there is little that can be done about the situation.

The majority of these pirates are from Somalia, a seemingly lawless country since 1991. Many of the attacks occur within the waters of the Gulf of Aden, a popular through route just off the coast of Somalia. The Somalian pirates believe that they have good reason to commit these acts, which, in any other country, would be considered criminal. Their pirating activities began sometime in the early 1990’s, after the fall of the Somalian Government. It is believed to have started when fishing vessels from other countries began illegally fishing the waters off the coast of Somalia. In an attempt to get back some of the income that was lost when these vessels depleted the Somalian waters of fish and lobster, Somalian fisherman began hijacking foreign vessels and holding the boats and crew members for ransom. Because the ransom is almost always paid, these pirates continue their attacks.

Unfortunately, though mounting concern of many countries exists and measures are being put into place to curb these instances, little has changed in the way of prosecution. NATO currently has no policy for detainment of these individuals. In short, many of the countries affected by this pirating are saddled with the burden of prosecution. And, many times, do not even have that opportunity available to them.

Cargo ship Maersk Alabama – Jones Act Implications

2009-04-12T17:01:00.001-05:00

The U.S. Flagged Cargo ship Maersk Alabama was attacked Wednesday, April 8, 2009 by Somali Pirates. The crew of the Maersk Alabama was successful in derailing the take-over attempts, and the ship remains in control of the crew. However, the Captain of the Maersk Alabama, Captain Richard Phillips, was taken as a hostage by the Somali Pirates.

While the ship may have been hijacked by Pirates, Captain Phillips (and any other crew member who may have sustained injuries in the assault) still has remedies under the Jones Act for any injuries he may sustain as a result of being taken a hostage. The Jones Act generally protects injured seamen, entitling them to medical treatment, lost wages and damages for their injuries. At first glance, it may appear that the Jones Act does not apply in situations involving hijacking, as 1) it is the hijackers, not the crew or owners of the vessel that are directly responsible for the injuries sustained and 2) hijackings are relatively rare and unpredictable. However, given the recent rise increase in pirating activities, these are not so rare as to be unpredictable and preparations could have been taken to avoid these types of situations.

Many, if not most, non-military ships are ill-equipped to defend themselves if attacked. In many areas however, the drastic increase in pirating activities and hostile actions towards vessels demands that vessel owners reconsider their policies that limit or prevent the use of firearms that could be utilized in holding off an attack or siege. Somalia’s Coastline, almost 2000 miles long, has been an area of increased pirating activities, and any vessel destined for this area needs to take this threat seriously.

The Jones Act doctrine of “superseding intervening cause” limits the vessel’s liability to its employees in situations in which the injuries are caused by a third party, not associated with the vessel. However, to qualify as a superseding intervening cause, several factors must be met. First the injuries must be different than those which would have otherwise resulted. As explained above, since it was well known that the area had seen a sharp increase in pirating activities, the dangers were well known. It was the failure of the ship to adequately prepare to deal with such a situation and/or avoid the area that resulted in Captain Phillips being taken as a hostage. While this may seem like an unusual “injury” to the average seaman, given the circumstances the risks were well-known. No, this is not the average herniated disc or blown-out knee that maritime attorneys generally handle, but any injuries resulting from Captain Phillips being taken as a hostage were not different than those that would have otherwise resulted had the ship been prepared to deal with an encounter with the pirates.

Second, the injuries must be extraordinary and unforeseeable. As stated above, they were not unforeseeable. It would be surprising if the crew were not at least warned of the dangers of entering the Somali waters, and those dangers certainly included an encounter with Pirates. The pirates have a history of sinking ships, killing crewmembers, stealing cargo, and taking hostages. While being taken as a hostage may seem like an extraordinary and unforeseeable outcome of just about any other voyage, it does not meet these criteria when traveling along the Somali coast.

Finally, the intervening party must have operated independently of any situation created by the ship. Keep in mind all three factors must be met for the doctrine of superseding intervening cause to arise, and the first two certainly do not. The injures that may arise are certainly not different than the type you would expect to occur when failing to adequately prepare to defend a vessel from pirates when traveling through their waters, and for the same reason the situation was not unforeseeable. While this third prong may seem a little more difficult, since the crew had no control over how the Pirates decided to operate, it too does not appear to be met. The ship was the target, and the ship coming into the area created the opportunities for the pirates. Pirates have recently been able to obtain large ransoms for their hostages, and the crew’s very presence in the area creates another such opportunity. Therefore, it can not be said that the Pirates intervening involvement was not created by the ship’s voyage into the area.

With the exception of Captain Phillips, the crew of the Maersk Alabama has been fortunate thus far to have avoided captivity. Defending a ship using fire hoses against automatic weapons, the will to avoid being taken against rocket propelled grenades, does not seem to be a “fair fight.” Though attacks on U.S. Flagged ships have been rare, these situations do create liability on behalf of the crew’s employer, and any seaman sustaining injuries during such an encounter should seek legal assistance in addressing the potential remedies that may be available.

Humble Beginnings

2009-04-12T12:00:00.000-05:00

This space will be used to assist those that have been injured while working in harbors and on our Earth's oceans. As the senior partner for Ogletree Abbott Law Firm in Houston, Texas I have led the cause in fighting for the rights of injured Marittime Workers across the United States.

I wish to use this blog to pass legal advice to those searching for an answer in their own legal strife but must first "pay the bills". Two years ago I published the book "Jones Act & Maritime Law for Injured Workers". The completion of this work inspired me to build a website dedicated to helping those hurt in such accidents. People do not fully understand what the Jones Act entails and I encourage you to read the Wikipedia article that descibes each law that the "Act" commonly refers to. If you wish to learn more please see shipguide.com for further writings by myself on the subject.