Boat on the sea
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Seamen working on charter vessels, cruise ships, and excursion vessels frequently receive tips in addition to their salaries. When crewmen are injured or become ill in the service of their vessels, under the General Maritime Law they are entitled to receive unearned wages until the end of the voyage. The length of the voyage may be determined by contract, or where there is no contract by the length of the season or by verbal agreements.

Tips received by crewmen on many of these vessels constitute a large part of the crewman’s salary. Under maritime law, passenger tips to crewmen should be included in calculating unearned wages. This very issue was addressed by the 11th Circuit Court of Appeals in Flores v. Carnival Cruise 47 F.3d 1120 (1995). Although the Court applied maritime law to this issue, in deciding the case the Court noted that State Workers Compensation Acts routinely recognize tips as part of workers wages. The Court held that tips are wages and that the seaman’s right to unearned wages should include the full amount of money to be paid to a seaman during a voyage.

When a seaman is injured or becomes ill while working aboard a vessel, receiving his wages for the length of the voyage that he would have been on but for his injury or illness is an important basic benefit. The maritime lawyers at Beard Stacey & Jacobsen are dedicated to protecting seamen’s rights, and getting seamen full and fair compensation for their injuries.

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On August 30, 2009, the Coast Guard reported that it received a call that the 47 foot fishing vessel DA OPAILOLO II was towing a pleasure craft when the tow line became caught in the propeller.

The DA OPAILOLO II rescued two people aboard the pleasure craft MY ESCAPE that had capsized. The two crewmembers were found clinging to the hull when they were taken aboard the DA OPAILOLO II. The DA OPAILOLO II only made it 12 miles before the tow line became tangled in the propeller. The Coast Guard patrol boat, AHI, towed the DA OPAILOLO II the remainder of the way and the partially submerged MY ESCAPE was abandoned.

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The Coast Guard has reported that a capsized vessel has claimed the life of one fisherman near the Coronado Islands, Mexico. The unidentified 30 foot fishing vessel capsized with a crew of five individuals. Two of the crewmember swam to shore and the other two were picked up by Good Samaritan vessel CONNIE SEA.

The Coast Guard, Harbor Police, Life Guards, and the Mexican Navy all assisted in the search for the missing crewmember. Harbor Police divers discovered the body of the missing crewmember aboard the capsized vessel. The four rescued crewmembers were reported to be found in good condition.

The cause of the capsizing is under investigation.

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On August 30, 2009, the Coast Guard reported that it received a distress call from the fishing vessel the DIANE LYNN II, a 65 foot dragger, when it began taking on water off the coast of Maine. The vessel was on its way to offload its catch when it began taking on water, however the dewatering pumps couldn’t keep up.

The Coast Guard arrived on scene approximately an hour later and helped secure the source of the flooding. The vessel was able to sail to the Harbor with a Coast Guard escort where it offloaded its catch before undergoing repairs.

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The Coast Guard has reported that it has released its final report of the sinking of the passenger vessel the LADY D. The LADY D capsized in March, 2004, killing five people in the Patapsco River in Baltimore. The LADY D was a small pontoon water vessel.

The Coast Guard cites the master’s decision to depart the dock in an approaching visible squall line. The Coast Guard also states that the vessel capsized as a combination of several factors which created an overturning motion which the vessel could not recover.

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The Coast Guard Marine Safety Unit in Port Arthur, TX has reported a collision between two towing vessels on August 11, 2009. Both towing vessels, the CAROLINE and the MISS STACIE were pushing barges at mile marker 312 on the Intracoastal Waterway when the collision occurred.

According to the Coast Guard, after the collision, the CAROLINE began taking on water. A good Samaritan towing vessel, the REDEEMER was nearby when the collision happened and rescued the five crewmembers on board the CAROLINE. Once the crewmembers were rescued, the REDEEMER assisted with the CAROLINE’S five barges.

The Intracoastal Waterway was closed as a result of the collision between mile marker 310 to 315 and protective booming was placed around the CAROLINE which was partially submerged. Initial reports indicated a small oil sheen. A unified command consisting of the Coast Guard, Canal Barge Company, and Texas General Land Office is developing and evaluating salvage plans for the CAROLINE.

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The Coast Guard unit in New Orleans has reported that on August 9, 2009, it received a report that two fishermen were missing by Hopedale, Louisiana. Because of weather, the Coast Guard could not begin a search until Monday morning. A MH-65C Dolphin rescue helicopter was launched and located the missing boaters who were then guided by spotlight and radio to familiar waters.

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On Monday, August 10, 2009, the Coast Guard reported that it received a call at 4:30 a.m. that a boat had capsized and one of the three men who were in the boat was missing. The Coast Guard unit in New Orleans immediately launched a search team to assist with local law enforcement. According to the Coast Guard, the man was located approximately 150 feet from shore. The 40 year old man was rescued by a Coast Guard rescue swimmer and was hoisted into a MH-65C Dolphin Helicopter where he was then transferred to Emergency Medical Services and taken to a local hospital. The Court Guard states his condition is unknown.

The law office of Beard Stacey Trueb & Jacobsen, PLLC urges all mariners to use extreme caution when boating at night and to wear all proper safety equipment, especially life jackets. The maritime lawyers at Stacey & Jacobsen, PLLC represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at www.atsealawyer.com.

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The Coast Guard has reported that on August 11, 2009 at approximately 11:00 p.m. the 87 foot Coast Guard Patrol Boat SEA LION was near Sucia Island State Park when it came across the 30 foot wooden recreational boat GYPSY grounded on some rocks. The Coast Guard station in Bellingham, WA dispatched a smaller cutter to rescue the owner and his passenger. No injuries have been reported.

According to the Coast Guard, the GYPSY was known to have 50 gallons of diesel fuel on board but no pollution has been identified.

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The Coast Guard has reported that it has rescued six people from a recreational vessel that capsized in the Gulf of Mexico. Acoording to Coast Guard reports, the body of a seventh person was located in the pilot house of the vessel and turned over to authorities for identification and notification to next of kin.

The Coast Guard stated that it received a report at 3:30 p.m. from the captain of the vessel the FIGHTING CHICKEN, a 21 foot offshore supply vessel, that the recreational vessel had capsized. The Coast Guard immediately dispatched the 87 foot cutter COHO, an MH-65C Dolphin rescue helicopter, and an HC-144 Ocean Sentry rescue plane to assist in a search and rescue.

The FIGHTING CHICKEN rescued four of the people and turned them over to the COHO. The Coast Guard Helicopter rescued two additional people found on a nearby oil rig. The condition of the survivors is unknown.

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Contact Information
Stacey & Jacobsen, PLLC Seattle, Washington
4039 21st Ave W. #401
Seattle, WA 98199
Phone: 206-282-3100 Toll Free: 877-332-5529 Fax: 206-282-1149
Stacey & Jacobsen, PLLC Anchorage, Alaska
205 E Benson Blvd #321
Anchorage, AK 99503
Phone: 907-751-2588 Toll Free: 877-332-5529

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