Jones Act Seaman’
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...
Maritime Workers and Injuries from Benzene Exposure
Tuesday, February 23rd, 2010
Among the many occupational hazards that a Jones Act seaman or a longshoreman faces, is exposure to benzene. This is a chemical compound with a sweet smell that also happens to be a deadly carcinogen. The use of benzene which used to be widespread earlier, has declined as awareness of its carcinogen properties has grown. However, many industries still depend on benzene, and it continues to be transported on cargo vessels, exposing workers on these vessels to its ill effects. Workers employed on an oil rig are also at a high risk for benzene exposure.
The biggest hazard from benzene...
Body of Tugboat Crewmember in Houston Ship Channel Accident Recovered
Saturday, February 20th, 2010
The body of the tugboat worker who had been missing since the vessel sank this week, has been found. The vessel, JR Nichols sank on Wednesday night. There were five workers on board and four were rescued from the water. The fifth crewmember had been missing for a few hours. The next morning, his body was recovered by salvage workers. The Coast Guard says it is continuing its investigation into the sinking of the tugboat.
The vessel was operated by Kinder Morgan. My heart goes out to the family of the worker here. A seaman’s...
Calculating Lost Wages and Lost Potential Earnings in a Jones Act Lawsuit
Tuesday, February 9th, 2010
Every single day that an injured seaman spends away from work means an entire day’s worth of wages lost. This may not seem like much if the injury lasts for a week or a couple of weeks. But take a serious head injury or back injury that keeps the seaman off his feet for 3 months and in need of physical therapy and rehabilitation for another 2 months, and the seaman may be looking at accumulated lost wages that are very high indeed.
Basically, a Jones Act seaman is entitled to recover the wages that he would have earned...
International Maritime Organization Declares 2010 as the Year of Seafarer
Tuesday, February 2nd, 2010
The International Maritime Organization has dedicated the year 2010 as the year seafarer. In a message posted on the IMO website, E.E. Mitropoulos, Secretary General of the IMO dedicated the year to the 1.5 million seafarers, men and women, around the world, and their often underappreciated contributions to global trade and commerce.
As a maritime attorney, I was happy to note that the Secretary General’s message made mention of the extraordinary service that a seaman renders in often dangerous circumstances. The Secretary General also assured seafarers that the IMO understands the severe pressure they work under, and appreciates...
I am a Diver. Am I Covered Under the Jones Act?
Wednesday, January 27th, 2010
Not every diver who ends up before a Jones Act lawyer will qualify for seaman status. For instance, a recreational diver will not qualify as a Jones Act seaman.
To qualify under the Jones Act, a commercial diver must pass the crucial 3-part test for Jones Act seaman status:
- He must be assigned to a dive boat that is in navigation.
- He must contribute to the dive boat’s mission or function.
- His connection to the dive boat must be substantial.
Riverboat Casino Drowning Accident: Can the Jones Act Apply?
Sunday, January 17th, 2010
Questions of Jones Act seaman status can be extremely complicated, which is why you need to consult with a specialized maritime lawyer, and not just any personal injury lawyer when you have to determine such status. The family of a riverboat casino employee in Louisiana may find that these questions severely impact their option for recovery.
In October last year, a 41-year-old employee of the Diamond Jacks Casino died when he fell into the Red River. Investigators believe that the employee Johnny Mark Williams opened an access door, and fell into the water. Other employees ran to rescue him, but...
Criteria #2 for maritime workers to be considered Jones Act seaman
Wednesday, July 1st, 2009In order to be considered a Jones Act seaman, among other things, an employee's duties must contribute the function of the vessel or its mission.
This means that the offshore worker must be working towards a common goal with the other maritime employees, not doing working on their own doing something unrelated to the rest of the vessel employees.
Maritime workers protected under Jones Act as long as they are considered a Jones Act seaman
Monday, June 29th, 2009There are three basic criteria that a seaman must meet to be considered a Jones Act seaman and therefore be protected under the Jones Act. It is important to remember that these a just general criteria – you should always consult an attorney before deeming yourself a Jones Act seaman.
The first criterion is that the seaman must be a member of the crew of a vessel that is under common ownership. Many...
