Jones Act Seaman’
Tanker Company Tries to Get Seamen To Give up Jones Act Rights
Wednesday, July 7th, 2010
As a maritime lawyer, I've known for a while that maritime companies are trying to get arbitration agreements that release a seaman from his Jones Act rights in exchange for advancing wages.
One such employer is tanker company OSG. The company is reportedly trying to get employees to give up their rights to a Jones Act claim, or a claim of unseaworthiness in exchange for what they call a Salary Continuation Plan. Under the Salary Continuation Plan, OSG agrees to pay a Jones act seamen 50% of his basic wages for two months, and all union...
Jones Act Seaman Files Lawsuit over Back Injury
Friday, June 18th, 2010
A seaman has filed a Jones Act lawsuit against an employer over a back injury that he suffered during the course of his employment on one of the company's barges.
According to the lawsuit, the injury occurred on July 23, 2008, when the seaman was performing heavy labor. He sustained injuries to his back and other parts of his body. According to the seaman, he was performing the tasks without the help that he needed. The lawsuit further claims that the employer was aware of the injury risks from the seaman performing extremely strenuous tasks on his own, but allowed...
Smith versus Weeks Marine: Maritime Lawyer Discusses Court Decision on Question of Unseaworthiness in Assault
Wednesday, June 16th, 2010
A Louisiana appellate court has upheld a trial court's earlier decision in favor of a seaman who was injured in an assault by two crew members.
In June of 2005, seaman Clarence Smith was woken up from his sleep by two crewmembers, who then proceeded to drag him out, and beat him up. He suffered a head injury, several lacerations, a retinal tear, hemorrhage in the left eye, and multiple abrasions. He also suffered several broken teeth, a temporomandibular joint injury, as well as shoulder and lower back injuries. As a result of the incident, Smith developed post-dramatic stress disorder,...
Maritime Lawyer Explains the Importance of Chandris v. Latsis in the Jones act
Wednesday, April 7th, 2010
One of the beauties of the Jones Act is that it has continuously evolved since its inception. The questions behind these evolutions have frequently involved questions of vessel status, seaman status and others.
One of the more defining points in the evolution of the Jones Act came when the US Supreme Court held that a seaman could be considered a Jones Act seaman if
He contributed significantly to the mission of the vessel
and
He had a substantial relationship with the vessel both in terms of nature and duration.
Latsis was working as a superintendent engineer on the vessel, SS...
Coast Guard Calls off Search for Two Crew Members Who Fell off Container Ship of Alaska
Wednesday, March 24th, 2010
Coast Guard helicopters and crews are calling off their search for two crew members who reportedly fell off a container ship off the coast of Alaska.
The two men were working on the Liberian-flagged Hanjin Pretoria. The vessel was on its way from Long Beach to Asia. The crewmembers were working on the deck when they both fell overboard. The vessel’s master informed the Coast Guard immediately, setting off search and rescue operations. The fall occurred about 850 miles south of Kodiak Island.
There's no information on the nationalities of the two crewmembers here. One is believed to have...
Maritime Lawyer Analyses Economic Impact of Jones Act Jobs
Monday, March 22nd, 2010
There’s no denying the extraordinary economic contribution that offshore workers and workers in related occupations make to the US economy. This has now been confirmed by a comprehensive study by the Offshore Marine Services Association.
This is the first study that has been commissioned to look into the economic impact of US-flagged Jones act vessels that are owned, crewed and built in the US. The study titled “The Economic Impact of the Shipbuilders and Vessel Operator Servicing the Offshore Exploration, Development and Production Industry on the US Economy” confirms what maritime attorneys have always known -...
Extraordinary Travails of a Foreign Seaman: A Maritime Lawyer Discusses
Thursday, March 18th, 2010
A Filipino seaman has been hospitalized after he sustained serious injuries in a fall accident on a cargo vessel off Alaska. The seaman apparently fell 16-feet in the cargo hold, and broke his arms. He was airlifted by the Coast Guard, and was taken to a hospital in Dutch Harbor.
Fall accidents on a vessel are extremely common. These can leave a seaman with fractures, amputated limbs and broken arms. Head injuries are common if the head receives the full impact of the fall. Damage to the spinal cord is also often a result of such accidents. At...
Seaman’s Support Group Publishes Guidelines for Care of Seaman Post Piracy
Tuesday, March 16th, 2010
As a maritime lawyer who is involved in representing crew members from the Maersk Alabama which was attacked last year, I follow piracy related issues very closely. While it has been disheartening to see little progress made toward preventing these attacks altogether, I was definitely cheered when I read of a new post piracy care program, designed primarily to help shipping companies and families support seamen who have just been through a pirate attack experience.
The guidelines are called Preliminary Guidelines: Post Piracy Care for Seafarers and have been developed by the Seaman’s Church Institute. The SCI has...
Court Rejects Bulgarian Worker’s Contract Claim as Not under Admiralty Jurisdiction: Maritime Attorney Summarizes Decision and Impact
Tuesday, March 9th, 2010
In another interesting decision last year which unfortunately continues to maintain confusion on the matter, a Bulgarian seaman had his contract claim rejected.
First, a little context. In 1996, a seaman sustained injuries (Kossick v United Fruit Co.) during work, and was promised orally by his employer that if he received treatment at a public hospital instead of a private clinic, then he (the employer) would be responsible if there were any consequences of inadequate of improper care. As to be expected, the inadequate care exacerbated the seaman’s’ condition. When the time came for the seaman to take action, the...
Definition of Seafarer vs. Non Seafarer Continues to be Murky: Maritime Lawyer Discusses SC Decision
Thursday, March 4th, 2010
Part of being a maritime lawyer is following up closely on the several judicial rulings and court decisions that shape maritime and admiralty law. This month and through the next, I will be looking a little closer at important decisions and rulings over the past year, that impact admiralty and maritime law cases.
The status of self employed fishermen continues to be a matter of disagreement, and the Supreme Court appears to be in no hurry to clear all the confusion around this important issue. The Supreme Court has in the past defined nonseafarers as those who are “neither seamen...
