Maritime Injury Law Blog

Published on: September 12, 2023

Plane Crash Survivor Rescued in Alaska

On Sunday September 11^th, 2023, the U.S. Coast Guard successfully rescued the survivor of a plane crash that was located roughly 35 miles northwest of Juneau, Alaska.

Personnel at the Southeast Alaska Sector Command Center initiated the deployment of an MH-60 Jayhawk aircrew from Air Station Sitka at 5:38 p.m. responding to the most recent location signal from an emergency locator transmitter (ELT) alert in the vicinity of Excursion Inlet.

At 7:05 p.m., the aircrew successfully located the crash site of the single-engine fixed-wing aircraft. A rescue swimmer was lowered and skillfully extracted the sole occupant on the aircraft. The survivor was transferred in critical condition to awaiting local emergency medical services stationed at the Juneau International Airport.

Published on: September 5, 2023

Commercial Crab Fishery Closed

by Joseph Stacey

Due to disappointing population surveys once again this year, the commercial harvests of red and blue king crab in Southeast Alaska will remain closed during the 2023–24 season. Stock assessment models have revealed a biomass of just 188,899 pounds, falling short of the 200,000-pound threshold required to authorize the fisheries.

The closure of the fishery, due to insufficient biomass, is not unexpected for those overseeing stocks. Insufficient biomass has prevented the fleet from deploying pots since 2017.

On a positive note, the outlook is promising for the fishery in the upcoming year.

Published on: August 29, 2023

U.S. Coast Guard Alaska Medevacs Fishing Crewmembers

by Nigel Stacey

It was a busy weekend for the U.S. Coast Guard as they responded to five rescue cases, including two unwell commercial fishermen.

On August 25th, at approximately 6:20 a.m. watchstanders at the U.S. Coast Guard District 17 command center received a request for a medevac from the F/V NORTHERN EAGLE. A 26-year-old crewmember was suffering from abdominal pain; an MH-60 Jayhawk helicopter air crew was dispatched from Coast Guard Air Station Kodiak. The crew reached the fishing vessel, which was about 23 miles northwest of St. Paul Island, and successfully hoisted the crewmember at about 8:15 p.m. The worker was airlifted to St. Paul, where a transfer was made to emergency medical services at 9:00 p.m. The crewmember received further medical attention in Anchorage.

On August 25th, at about 4:25 p.m., watchstanders at the U.S. Coast Guard District 17 command center received yet another request for a medevac from the F/V ASIAN MAJESTY. The request pertained to a 41-year-old male crew member who was experiencing chest pain. At the time of the request, the vessel was positioned approximately 483 miles southwest of Dutch Harbor, Alaska. The vessel was directed to navigate to a rendezvous point to facilitate the medevac.

Published on: August 22, 2023

F/V Northern Eagle Crew Member Pronounced Dead

by Joseph Stacey

It is with great sadness that we report that a crew member aboard the F/V NORTHERN EAGLE lost his life while working at sea last week. Authorities suspect the cause of death was exposure to an ammonia leak aboard the vessel.

According to U.S. Coast Guard Petty Officer Second Class John Highwater, a satellite call was made by the F/V NORTHERN EAGLE on Friday, August 18th at 4:30 a.m.

“One of their crew members was found unresponsive in one of their engineering spaces,” Highwater said. “They believe there was an ammonia leak somewhere in the vessel that caused the person to fall unconscious,” Highwater reported to a local news agency.

Published on: August 15, 2023

Tug, Barge, and Towboat Hazards

by Nigel Stacey

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.