Maritime Injury Law Blog

Published on: July 21, 2009

Fishermen, Beware of Fine Print in Employment Contract

The United States Court of Appeals for the Ninth Circuit rejected a fisherman’s claim that a verbal agreement to fish the entire season was grounds for recovering “unearned wages” after he became injured. Fisherman Jesse O’Neal signed a contract to work for American Seafoods Company. In the “fine print “, the contract provided that the fisherman would be hired for one fishing voyage, to be renewed after each voyage. This was a surprise to O’Neal, and surely the rest of the crew, as they were told that they could work the entire season. During his first voyage O’Neal injured his neck and back, causing him to leave the vessel before the end of the season.

The fisherman sought “unearned wages,” which are “actual wages the seaman did not earn because of his injury or illness” during his contracted employment with American Seafoods. Maritime law requires employers to pay these unearned wages. The fisherman sought to recover his unearned wages for the entire season, claiming that American Seafoods had committed to employ him for the season. The fine print in the signed written contract, however, states that any contract extensions or terminations must be made in writing to be valid. Because of this contract provision, the Court ruled that American Seafoods only had to pay unearned wages for one voyage.

Fishermen and seamen should be aware of the provisions in their contracts. Employers try to limit any money they have to pay after an injury. For instance, the standard fisherman’s contract provides for $20-$25 in maintenance money, even though it is extremely difficult to pay for their room and board with only $20-$25 per day. Another example of the employer’s attempt to limit their obligation to the injured fishermen is illustrated in Jesse O’Neal’s case. Everyone on his vessel understood that, should they do satisfactory work, they would be employed for the season. If, in Mr. O’Neal’s case, the contract provided for employment for the season, then his “unearned wages” would be paid for that season – not just the voyage of injury. However, because Mr. O’Neal signed a contract with the “trip to trip” provision, then the employer could get away with paying only one voyage of wages.

Published on: July 20, 2009

Employers Must Provide Safe Place to Work, Including Third-Party Locations (Warehouse)

by Stacey & Jacobsen, PLLC

Seaman and fishermen do not always work aboard vessels. Sometimes a seaman’s duties require him or her to perform shore side tasks. Unfortunately, injuries do occur to seamen ashore. Well established maritime law requires that the employer must provide the mariner with a safe work environment. Over the years, courts have wrestled with the scope of this duty when the seaman’s job require him or her to work while ashore.

Recently, a Washington State Court addressed the issue. In Acosta v. Aleutian Spray Fisheries, Inc., 2009 WL 1916070, plaintiff David Acosta was employed as a fisherman aboard the F/V Siberian Sea. As part of his duties, Acosta was sent to retrieve fiber-pallets from a warehouse not owned or controlled by Acosta’s employer, Aleutian Spray Fisheries, Inc. While attempting to pick up a pallet with a forklift, Acosta realized the pallet was broken. He then proceeded to transfer the bundles of fiber by hand. During this process, the top pallet from the stack behind Acosta fell on him, causing a back injury.

Acosta then brought a Jones Act claim against Aleutian under the Jones Act and General Maritime Law. The defendant, however, asserted Acosta could not prevail in his claim because the warehouse was not owned or controlled by Aleutian. Defendant further argued that Acosta should have inspected the warehouse for unsafe conditions.

Published on: July 20, 2009

Federal Stimulus Money to Help Fish Farmers

by Stacey & Jacobsen, PLLC

The U.S. is prepared to spend $50 million of the allocated federal stimulus money to help fish farmers who have been hit by a 50% increase in feed prices last year. These funds are designed to aid fish farmers all across the country. According to the Associated Press, the funds would “provide algae to nourish clam and oyster larvae along the Pacific coast, fill the bellies of tilapia in Arizona and feed catfish, trout and game fish in the Midwest and South.”
Many supporters of this allocation of funds believe the stimulus will help preserve the jobs that would have been lost because of the increased feed prices. Alaska spends $20 million a year of fish feed for its 35 salmon farm fisheries alone. The feed, however, comes from South America, something many “buy American” spokespeople hope will change, especially considering the potential annual sale of $170 million worth of fish oil and meal production.
While the Lawyers at Beard Stacey Trueb & Jacobsen, PLLC certainly support federal efforts to help working people, we would like to express our strong support for naturally raised and caught fish. 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 atsealawyer.com.

Published on: July 20, 2009

Good Samaritan Vessel Rescues Three after Vessel Catches Fire

by Stacey & Jacobsen, PLLC

A Good Samaritan vessel rushed to the aid of a scallop vessel whose engine room had caught fire outside Barnegat early Sunday morning. The troubled vessel, an 80-foot vessel named The Captain OJ Riggs, was harvesting scallops when an engine fire caused all three onboard to deploy a life raft. One of the crew broadcasted a mayday call just before 3:25 a.m. Sunday. Luckily, a nearby vessel named Miss Peaches relayed the message to the United States Coast Guard before traveling to the vessel’s coordinates. The individuals onboard the Captain OJ Riggs were rescued and later transported to a Coast Guard Station Manasquan. No injuries were reported. The Captain OJ Riggs later split apart and sank around 11 a.m. that day.
The maritime lawyers at Beard Stacey Trueb and Jacobsen 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 atsealawyer.com.

Published on: July 20, 2009

Coast Guard Suspends Search for Overboard Seaman

by Stacey & Jacobsen, PLLC

The United States Coast Guard has suspended its search for a seaman who reportedly fell overboard 14 miles off the Matagorda coast last Friday, July 17th. The seaman was a 47-year old Hispanic male working aboard the 60-foot shrimping vessel the Wylie Milam. The Coast Guard was notified of the missing seaman at approximately 9 p.m. and immediately dispatched the proper search and rescue team. The search covered approximately 2,077 square nautical miles for over 50 hours, however was unsuccessful in its efforts.
The maritime lawyers at Beard Stacey Trueb and Jacobsen 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 atsealawyer.com.

Published on: July 20, 2009

Mariner Medevaced after Finger was Crushed and Severed

by Stacey & Jacobsen, PLLC

The United States Coast Guard successfully medevaced a mariner whose finger was severely injured this past weekend. 50-year old John Engelbrecht from Bainbridge Island, Washington was working on a diesel engine when his right index finger got caught in one of the gears, crushing and partially severing the finger. Engelbrecht was working aboard the motor vessel Horizon Anchorage, a 678-foot freighter homeported in Philadelphia. Engelbrecht was medevaced by the Coast Guard to Juneau, where local emergency medical services were waiting to take the injured mariner to a hospital for further care.
The maritime lawyers at Beard Stacey Trueb and Jacobsen 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 atsealawyer.com.

Published on: July 17, 2009

Sailor Awarded $150,000 in Damages for Loss of Smell and Taste

by Stacey & Jacobsen, PLLC

The United States District Court for the State of Massachusetts has awarded a sailor $150,000 in damages for past and future pain and suffering, as well as loss of the enjoyment of life, after losing her full sense of smell and taste following a two-vessel collision.

39-year-old Julianne Marie Evans took part in a sailing competition when she sustained her injury. The injury occurred while Evans’ vessel was approaching a buoy alongside another vessel, controlled by Donncha Kiely. In attempting to turn her vessel around the buoy, Kiely swung her boom from the port side to starboard side of her vessel. Unfortunately, Evans was next to the starboard aft corner of Kiely’s vessel. In swinging her boom from port to starboard, Kiely made her boom strike Evans in the neck, causing her to fall forward into the cockpit. Evans went in and out of consciousness for approximately ten minutes.

Evans then visited different doctors to assess her injuries. As these doctors appointments continued, Evans began to lose her sense of smell and taste. She visited Dr. Norman Mann of the University of Connecticut, where she underwent a series of tests related to taste and smell. After a three day test period she received a diagnosis of a permanent loss of taste and smell.

Published on: July 17, 2009

Coast Guard and Good Samaritan Assist Crew off Port Aransas

by Stacey & Jacobsen, PLLC

The United States Coast Guard assisted five people on board a sinking 35-foot Berthum commercial fishing vessel 30 miles southeast of Port Aransas on Wednesday. A distress call came in at 4:18 p.m. that a vessel was taking on water and needed immediate assistance. The Coast Guard immediately dispatched a helicopter crew and 45-foot rescue boat to the scene. The helicopter crew arrived to find a Good Samaritan vessel assisting the crew bailing water overboard with buckets. The helicopter lowered a dewatering pump to the vessel, allowing it to remain afloat until the rescue boat arrived. Upon arriving at the scene, the Coast Guard rescue boat found a hole that was two inches in diameter in the floor of the engine room. The rescue crew patched up the vessel and escorted it back to port. No injuries were reported.
The maritime lawyers at Beard Stacey Trueb and Jacobsen 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 atsealawyer.com.

Published on: July 17, 2009

Coast Guard and Good Samaritan Rescue Two off Jacksonville

by Stacey & Jacobsen, PLLC

The United States Coast Guard and a Good Samaritan vessel responded to a distress call from a sinking ship three miles off the coast of Jacksonville on Friday. The distress call was made by the two fishermen aboard the Yvonne, a 66-foot fishing boat, at approximately 2:06 a.m. The Coast Guard was immediately dispatched where, with the help of the Good Samaritan vessel Shenandoah, both individuals aboard the vessel were safely rescued. The mariners aboard the Yvonne were transported to local medical personnel once they arrived back to land.
The maritime lawyers at Beard Stacey Trueb and Jacobsen 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 atsealawyer.com.

Published on: July 17, 2009

Coast Guard Rescues Two From Detroit River

by Stacey & Jacobsen, PLLC

The United States Coast Guard rescued two Canadians from the Detroit River after the three-person kayak had capsized. The capsizing occurred approximately one mile from Belle Isle, Michigan around 6:15 Thursday July 16th. The Coast Guard arrived on the scene within minutes of receiving the distress call to find a Good Samaritan rescuing the third individual aboard the kayak. The Coast Guard boat crew brought the two remaining individuals onboard. The three were taken to a nearby marina before being transferred to emergency medical services. No injuries were reported. Luckily, all three were wearing life jackets.
The law office of Beard Stacey Trueb & Jacobsen, PLLC would like to urge all those on water, either for work or pleasure, to wear a life jacket. The maritime lawyers at Beard Stacey Trueb and Jacobsen 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 atsealawyer.com.