Articles Posted in Injury at Sea

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Crabbing2-300x207When most people think about dangerous jobs, they picture dramatic accidents such as explosions, falls, or machinery malfunctions. However, a significant yet often overlooked risk affecting America’s 400,000 maritime workers is chronic fatigue. This silent hazard can undermine safety across commercial fishing vessels, cargo ships, offshore platforms, and seafood processing facilities, contributing to an industry fatality rate nearly five times higher than the national average.

The maritime industry operates within unique and challenging environments. Unlike land based staff who typically complete their shifts and then go home, maritime workers often reside at their workplace for long stretches, sometimes lasting weeks or even months. The overlap of work and personal life can lead to ongoing fatigue that builds up over time. According to the National Institute for Occupational Safety and Health (NIOSH), Alaska’s seafood processing workers often face extremely long shifts of 12 to 18 hours, frequently working for weeks at a time without significant breaks.

What makes maritime fatigue especially dangerous is how it intersects with the industry’s inherent hazards. Commercial fishing consistently ranks among America’s deadliest professions. When you layer sleep deprivation onto already treacherous conditions involving heavy machinery, unpredictable weather, and physically demanding labor, the consequences can be catastrophic.

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Laceration-300x214If you’ve been injured or fallen ill while working on a vessel, you may be wondering who pays for your medical treatment and how you’ll cover your bills while you recover. Many injured maritime workers don’t realize they’re entitled to medical benefits even if the accident was their own fault. This no-fault benefit, known as “maintenance and cure,” is a fundamental right guaranteed to all seamen who become ill or injured while in service to a vessel.

What Is “Maintenance”?

Maintenance is a daily living allowance designed to cover your basic needs while you’re unable to work and recovering from your injury or illness. This isn’t charity, it’s your right under federal maritime law.

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image005-300x209Commercial fishing remains one of America’s most dangerous occupations, with fatality rates significantly higher than most other industries. The Commercial Fishing Industry Vessel Safety Act, enacted following tragic losses at sea, establishes minimum safety requirements that can mean the difference between life and death. Here is a comprehensive guide for mariners to ensure compliance for 2025-2026.

Determine Your Vessel’s Classification

Establish which regulations apply to your operation. The Fishing Vessel Safety Act applies to commercial fishing vessels, with different requirements based on vessel size, operation area, and crew capacity. Documented vessels operating beyond the U.S. Boundary Line (the dividing point between internal and offshore waters) or carrying more than 16 persons face the most rigorous requirements, while smaller operations have modified standards. Check your vessel’s documentation and operating parameters against current U.S. Coast Guard classifications. This determines everything from equipment requirements to training obligations.

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Hawaii-300x187A 41-year-old crew member suffering from a fractured arm and possible head injury was successfully medevaced from a cargo ship located approximately 1,000 miles northeast of Oahu on July 19th, 2025. The bold rescue, coordinated by the Joint Rescue Coordination Center (JRCC) Honolulu, brought the injured mariner to safety after a multi-day transit.

The incident began around 3:30 p.m. Thursday, July 17th when JRCC Honolulu watchstanders received a call from Eastaway Ship Management. It was reported that a crew member aboard their 892-foot, Singapore-flagged cargo ship, the EA CHARA, had sustained a significant injury far out in the Pacific.

Following a consultation with a duty flight surgeon, who strongly recommended a medical evacuation, JRCC Honolulu established communication with the EA CHARA. This allowed them to monitor the patient’s condition as the cargo ship altered course and headed towards Oahu.

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Tugboat-holly-ann-sebastien-goldberg-unsplash-300x200Tugboats are essential for guiding large vessels into ports, assisting with construction projects, and supporting many marine operations. The crews who navigate these powerful vessels face unique hazards daily, from treacherous weather and heavy machinery to long hours and unpredictable conditions. When accidents happen, and a tugboat worker is injured, it is imperative that the worker understand their legal rights and the specific protections available.

Unlike shore workers who are covered by state workers’ compensation laws, injured tugboat workers fall under a distinct and more favorable set of federal maritime laws. The most significant of these is the Jones Act. This landmark legislation, officially known as the Merchant Marine Act of 1920, offers a powerful legal avenue for injured seamen to seek compensation from their employers.

The Jones Act is Essential Protection

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Tugboat_CA-300x225The Jones Act, or the Merchant Marine Act of 1920, grants maritime workers the right to pursue a claim against their employer for negligence if an injury occurs during their employment. Unlike traditional workers’ compensation, the Jones Act is a fault-based statute. This means that to succeed in a claim, the injured worker must show that their employer’s negligence or the negligence of a fellow crewmember directly contributed to the injury.

What an Employer Can Do in a Jones Act Claim

Upon notification of a maritime injury, an employer is entitled to undertake several actions as part of their investigation and defense:

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Nekton_Med-300x169On March 26, 2025, an MH-60 Jayhawk helicopter crew from U.S. Coast Guard Air Station Sitka successfully conducted a medevac of a 37-year-old woman experiencing a medical emergency in Sitka Sound, Alaska. The woman, who was aboard the fishing vessel NEKTON, required immediate medical attention.

The aircrew responded swiftly to the distress call. After arriving on the scene, they skillfully maneuvered the MH-60 Jayhawk helicopter above the fishing vessel to safely execute the hoist operation. Despite challenges posed by the weather and the vessel’s movements, the U.S. Coast Guard team efficiently transported the patient aboard the aircraft.

Following the successful hoist, the helicopter crew transferred the woman to awaiting local emergency medical personnel in Sitka. The patient received further evaluation and care upon arrival, highlighting the seamless collaboration between the U.S. Coast Guard and local emergency responders.

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image005-300x209When deckhand Carlos slipped and fell during a routine operation in rough seas, he fractured his arm and was unable to work for months. An investigation revealed inadequate safety protocols, insufficient training, and a lack of clear communication had contributed to the accident. Had the vessel implemented effective training, emphasized clear safety communication, and ensured crew engagement in safety planning, Carlos’s injury might have been prevented.

Owners, workers, families, and communities all want workers to be safe at sea. Yet cultivating a true culture of maritime safety doesn’t happen overnight. It requires a structured effort beginning at the organization’s highest levels then filtering down the chain of command.

The International Maritime Organization (IMO) clearly defines an effective safety culture as one where safety is prioritized and managed as meticulously as any other crucial business function. Achieving a culture of safety requires following best practices for safety across the maritime industry.

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SeekJustice-300x208Selecting the right maritime injury lawyer requires careful consideration and research. Prioritizing expertise, experience, effective communication, and transparency will significantly enhance the likelihood of obtaining fair compensation and justice for your injuries. Your choice of attorney can make all the difference in achieving a successful resolution to your maritime injury claim.

Specialized Maritime Law Experience

The first and most crucial factor is choosing a lawyer who specializes in maritime or admiralty law. Maritime injury cases are governed by unique federal laws like the Jones Act, the Longshore and Harbor Workers’ Compensation Act, and principles like Maintenance and Cure. An attorney experienced in these complex statutes can better evaluate your situation, navigate jurisdictional nuances, and effectively advocate for your rights.

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MaintenanceandCure-300x214If 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.

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