Maritime Injury Law Blog

Published on: August 15, 2023

Tug, Barge, and Towboat Hazards

Employment aboard a tugboat carries inherent risks, emphasizing the crucial role tugboat owners play in maximizing crew safety and assuming financial liability in case of crew injuries. Regrettably, many tug and barge companies neglect these obligations. However, Federal Maritime law offers unique protection for crew members who sustain injuries while working on tugs, barges, and towboats.

Jones Act Law

The Jones Act establishes a legal avenue to pursue claims of negligence against an employer if an injury occurs. Employers have an obligation to ensure a safe work environment for all maritime workers. Most maritime accidents can be avoided by adhering to proper safety protocols, supplying a competent crew, and maintaining the condition of a ship’s equipment in a reasonable and safe manner. According to maritime law, the owner of the vessel is required to furnish workers with a seaworthy ship, and this obligation is absolute.

Published on: August 8, 2023

What is Maintenance and Cure?

by Nigel Stacey

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: August 8, 2023

Trident Seafoods begins construction at Captains Bay

by Joseph Stacey

Trident Seafoods is in the process of constructing the initial bunkhouses for their upcoming processing plant located in Captains Bay, Unalaska. The company hopes to have the plant operational by 2027.

The Aleutian Islands and Bering Sea are known for some of the most productive fishing grounds globally. The region is famous for harvesting Alaska pollock, the whitefish commonly used in products like fish sticks and McDonald’s Filet-O-Fish sandwiches.

A sizable portion of the harvested pollock is currently processed at the expansive Trident Seafoods facility in Akutan. However, due to aging infrastructure and years of wear and tear, the seafood company has elected to construct a new facility.

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: July 18, 2023

Roger Fitzgerald, National Fisherman Columnist Passes

by Joseph Stacey

It is with great sadness that we report the passing of Roger Fitzgerald, an 85-year-old maritime writer. He was best known for his column titled “In Search of the Simple Life”. His column brought joy and amusement to commercial fishermen spanning from Seattle to the Bering Sea and beyond. The cause of his death was heart failure.

Over the course of 25 years, his writings in the Alaska Fisherman’s Journal and National Fisherman chronicled the remarkable transformation within the Alaska fishing industry. This evolution witnessed the shift from traditional wooden boats and iced fish to the advent of state-of-the-art factory trawlers.

Fitzgerald skillfully blended humor and admiration as he showcased a diverse cast of maritime characters. Among them were the Samuelsons and the Knutsens, skilled captains of historic halibut schooners that had been sailing the seas since the 1920s, and Sea Lion Murphy, a seasoned seinerman hailing from Cordova, Alaska.

Published on: June 27, 2023

Titan Loss: Marine Board of Investigation Assembled

by Nigel Stacey

Oceangate_Titan-300x206 The U.S. Coast Guard has launched an investigation into the “catastrophic implosion” of the privately-owned underwater vessel TITAN. The vessel was destroyed while en route to the wreckage site of the TITANTIC, resulting in the tragic loss of all five individuals on board.

On Sunday, June 18, 2023, the TITAN lost contact with the crew aboard the POLAR PRINCE research vessel after approximately 1 hour and 45 minutes. Following an exhaustive search and rescue operation, the remains of the TITAN submersible were discovered on the ocean floor, about 500 meters away from the bow of the TITANTIC. The loss of the TITAN submersible and its five occupants has prompted the U.S. Coast Guard to assemble a Marine Board of Investigation (MBI).

The MBI is the highest level of investigation within the U.S. Coast Guard. Once the investigation is finalized, the Board will compile a report containing evidence, established facts, conclusions, and recommendations. Captain Jason Neubauer has served as the chief of the Office of Investigations & Analysis at U.S. Coast Guard Headquarters since July 2014. He is responsible for overseeing marine casualty investigations, suspension and revocation cases involving credentialed mariners, violation investigations and data analysis for the U.S. Coast Guard’s prevention operations.

Published on: June 20, 2023

U.S. Coast Guard Welcomes New Commander

by Nigel Stacey

On June 15th, the U.S. Coast Guard Base Seattle celebrated the change of command ceremony hosted by U.S. Coast Guard Sector Puget Sound.

During the event, Capt. Mark McDonnell assumed command of Sector Puget Sound, relieving Capt. Patrick Hilbert from his position as the commander.

The ceremony was overseen by Rear Admiral Mel Bouboulis, who serves as the commander of the 13th U.S. Coast Guard District. This district is responsible for overseeing Sector Puget Sound, which encompasses the Pacific Coast of Washington State to the eastern border of Montana. Sector Puget Sound is also responsible for managing a 125-mile maritime international boundary with Canada as well as maintaining relationships with Tribal Nations.

Published on: June 13, 2023

Two Pulled from Columbia River After Boat Capsizes

by Nigel Stacey

On Sunday June 11th at approximately 2:25 p.m., U.S. Coast Guard Sector Columbia River watchstanders received a call from a witness reporting that a boat had overturned. Two individuals entered the water east of Tongue Point on the Columbia River, near Astoria.

Responding promptly to the distress call was a U.S. Coast Guard Air Station Astoria MH-60 Jayhawk helicopter crew and a U.S. Coast Guard Station Cape Disappointment 29-foot Response Boat-Small II crew.

By 3 p.m., the helicopter crew reached the scene and located a person stranded on top of a dayboard channel marker. A rescue swimmer was deployed and retrieved the individual, who was hoisted from the water to the helicopter.

Published on: May 30, 2023

Alaska Ferry Hubbard Begins Service

by Nigel Stacey

After 17 years, the HUBBARD, an Alaska-built ferry, embarked on its maiden voyage. The ferry, which measures 280-feet long, took an additional four years to enter service due to the need for crew quarters, an amenity that was not part of the vessel’s original design. U.S. Coast Guard regulations limit ferry crew members to a maximum of 12 hours of work per day.

Captain Darwin Jensen, commander of the U.S. Coast Guard Sector Juneau, presented the HUBBARD two captains with a certificate of inspection, marking the final step before passenger service could commence. Officials from the Alaska Marine Highway System and the state Department of Transportation Commissioner were on hand for the presentation ceremony.

The HUBBARD along with the TAZLINA are the first and only two ferries built in Alaska at a cost of $60 million each. This Alaska ferry project was conceived in 2006 with the intention of providing transportation for day trips from Juneau to Haines and Skagway. Former Governor Frank Murdowski had planned to extend the Juneau Road north to reduce the 14-hour journey, but that plan was eventually abandoned.

Published on: May 30, 2023

3 Rescued After Boat Sinks near Coos Bay

by Joseph Stacey

The U.S. Coast Guard rescued three people on Monday morning, May 29th, after their vessel sank in the waters off Cape Arago beach, about 15 miles southwest of Coos Bay.

At about 8 a.m. the U. S. Coast Guard received a distress call reporting that a fishing boat was taking on water. A 47-foot motor lifeboat and a helicopter launched from Coos Bay and North Bend. Responders were at the scene within 30 minutes, where they found three people in the water, all wearing life jackets.

A U.S. Coast Guard rescuer was lowered onto the motor lifeboat and helped administer first aid to the three people. Victims showed signs of hypothermia and were treated by first responders.