Injury at Sea

Published on: August 8, 2023

What is Maintenance and Cure?

If 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.

Published on: July 25, 2023

What is Maritime Law?

by Nigel Stacey

Maritime law, also known as maritime injury law or admiralty or law, is a specialized area of law that deals with legal issues arising from accidents, injuries, and disputes that occur on navigable waters, including seas, oceans, rivers, lakes, and other waterways. This body of law encompasses both civil and criminal matters related to maritime activities and serves to regulate and govern maritime commerce and navigation.

Key aspects of maritime injury law include:

Jones Act Claims: As mentioned earlier, the Jones Act is an essential component of maritime injury law. It allows seamen who suffer injuries while working on vessels engaged in maritime commerce to seek compensation for damages and medical expenses from their employers if negligence is proven. This law provides unique protections for seafarers injured in the course of their employment.

Published on: March 28, 2023

Pacific Titan Crew Member Medevaced after Head Injury

by Joseph Stacey

The U.S. Coast Guard Sector Juneau command center received a call on March 21^st at approximately 3:40 p.m. from the captain of the towing vessel PACIFIC TITAN. It was reported that during a towing operation, a 30-year-old crewmember had sustained a head injury. The vessel was located near Pennock Island, Alaska at the time of the incident.

A 45-foot Response Boat-Medium crew was dispatched from the U.S. Coast Guard Station Ketchikan and arrived on the scene of the accident at 4:19 p.m. The injured worker was transported to awaiting EMS personnel in Ketchikan, Alaska.

“Good communication with the Pacific Titan and the Station Ketchikan boat crew ensured proper coordination for the medevac,” said Coast Guard Search and Rescue Controller David Berg, a civilian watchstander at the Sector Juneau command center. “We were able to conduct the medevac efficiently so the patient could receive a higher level of medical care.”

Published on: November 10, 2021

6 Ways to Prevent Carbon Monoxide Poisoning Aboard Vessels

by Nigel Stacey

Carbon Monoxide poisoning is often associated with automobiles and homes, but carbon monoxide poisoning can happen in any enclosed or partially enclosed space where fumes and gasses are allowed to accumulate, making fishing boats, tugboats, and other commercial vessels particularly vulnerable if not properly maintained.

Carbon monoxide (CO), is an odorless and colorless gas that can poison, cause long term health issues, and even kill a person who inhales too much of it. According to the CDC, approximately 430 people die from accidental CO poisoning in the U.S. each year, and 50,000 people require emergency medical attention due to accidental CO poisoning.

Symptoms of Carbon Monoxide Poisoning

Published on: October 26, 2021

Injured Fisherman Medevaced from F/V Patricia Lee

by Joseph Stacey

An injured fisherman was medevaced from a fishing boat on 10/19/2021 after sustaining serious injuries to his pelvic region. It is reported that the crewmember became pinned by a crab pot while working on deck. The F/V PATRICIA LEE was located about 225 miles west of Dutch Harbor at the time of the accident.

The master of the 117-foot F/V PATRICIA LEE contacted Watchstanders in the 17^th District command center in Juneau to request a medevac at about 4 p.m. The fishing vessel made its way toward Dutch Harbor as Command center personnel directed the launch of the Air Station Kodiak helicopter crew from Cold Bay. In an effort to provide backup, an additional MH-60 Jayhawk aircraft crew and a Coast Guard C-130 Hercules aircraft crew were launched from Air Station Kodiak.

The MH-60 Jayhawk helicopter crew from Coast Guard Air Station Kodiak hoisted the injured fisherman at approximately 11:50 p.m., then he was flown to Dutch Harbor and placed in the care of awaiting LifeMed personnel.

Published on: February 23, 2021

Crewmember Suffers Crushed Arm Aboard F/V Alaska Ocean

by Joseph Stacey

A 45-year old crewmember was medevaced on Sunday, February 21st after sustaining a crush injury to his arm.

District 17 Watchstanders in Juneau, Alaska received the request for assistance from HealthForce Partners on behalf of the F/V ALASKA OCEAN. A medevac was required for the injured fisherman.

A U.S. Coast Guard Air Station Kodiak MH-60 Jayhawk helicopter aircrew was deployed and traveled to the site of the accident, approximately 30 miles northeast of Cold Bay, Alaska. The injured crewmember was then transferred to the local Cold Bay medical clinic to await an additional transfer to Anchorage, Alaska for a higher level of care.

Published on: January 5, 2021

Leg Injury Aboard F/V Magnus Martens

by Nigel Stacey

The U.S. Coast Guard medevaced an injured fisherman on December 30^th from a vessel located approximately 80 miles northeast of Dutch Harbor. The F/V MAGNUS MARTENS was working in the Bering Sea when the accident occurred.

The U.S. Coast Guard Cutter ALEX HALEY, which was on patrol in the Bering Sea near Unimak Island, received notification about the severely injured man via VHF marine radio.

An MH-65 Dolphin helicopter crew was deployed and hoisted the injured fisherman. He was then flown to awaiting Guardian Flight Alaska personnel in Cold Bay who then transported him to Anchorage for a higher level of care.

Published on: September 22, 2020

F/V Atlantico Crew Member Suffers Back Injury

by Nigel Stacey

U.S. Coast Guard watchstanders received a call on September 16th from the F/V ATLANTICO reporting that a 40-year-old crew member had suffered a back injury.

The Duty Flight Surgeon was consulted regarding the nature of the injury, and a medevac was recommended. The District 17 command center ordered the launch of an Air Station Kodiak MH-60 Jayhawk helicopter and aircrew. The injured fisherman was hoisted, transferred to Cold Bay, then transported to Anchorage to awaiting medical personnel.

“Good coordination between the Atlantico crew, command center personnel, and the Jayhawk aircrew attributed to our ability to successfully perform this medevac and get the injured fisherman to proper medical care,” said Lt.j.g. Lindsay Wheeler, a District 17 command center watchstander.

Published on: July 21, 2020

Injured Fisherman Medevaced from F/V Rubicon

by Joseph Stacey

A fisherman was injured on Monday, July 20th while working aboard the F/V RUBICON. The U.S. Coast Guard command center in Anchorage, Alaska received a call at approximately 12:45 p.m. from the wife of the fishing vessel’s master, informing officials that a medevac was needed for an injured crew member. The vessel was located just north of Kodiak Island at the time of the incident.

An Air Station Kodiak MH-60 Jayhawk helicopter stationed at the District 17 command center was launched, then landed on a nearby beach at about 1:42 p.m. The fisherman was transferred from the 42-foot F/V RUBICON to the awaiting helicopter crew via small boat. The injured crewmember was then medevaced to awaiting emergency medical personnel in Kodiak.

“This was a very quick case,” said Lt. Jared Carbajal, the aircraft commander on the case. “Good communications from the boat, excellent flexibility and the captain’s expert seamanship enabled a very quick pick-up and transfer of the injured fisherman to medical care.”

Published on: July 12, 2020

F/V McKenzie Rose Fisherman Sustains Head Injury

by Joseph Stacey

A 26-year-old man was medically evacuated from the F/V MCKENZIE ROSE after the crewmember sustained a head injury. The vessel was located about 100 miles west of Coos Bay when the injury occurred.

Watchstanders at Coast Guard Sector North Bend received a marine radio call from the vessel’s captain reporting that a member of the crew needed medical attention.

Communication remained open between the F/V MCKENZIE ROSE and the U.S. Coast Guard Sector as the vessel turned toward shore to meet up with the Coast Guard MH-65 Dolphin crew. The injured fisherman was hoisted aboard the MH-65 Dolphin then transported to the U.S. Coast Guard airbase. He was then transferred to emergency medical personnel.