seaman’
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...
Should I file my Jones Act injury claim or maritime injury claim in federal or state court?
Sunday, February 25th, 2007
A Jones Act claim will always be governed by federal substantive law. Most, if not all, general maritime claims will also be governed by federal substantive law.
However, an injured Jones Act seaman or maritime worker may be able to file his claim in state court. When you first speak with your lawyer, you should ask him to tell you whether you should file your claim in a federal or state court, and why. A good Jones Act lawyer or maritime lawyer should be able to tell you immediately where you should file your claim and tell you why...
However, an injured Jones Act seaman or maritime worker may be able to file his claim in state court. When you first speak with your lawyer, you should ask him to tell you whether you should file your claim in a federal or state court, and why. A good Jones Act lawyer or maritime lawyer should be able to tell you immediately where you should file your claim and tell you why...
Are Marine Construction Workers Jones Act Seamen?
Monday, February 19th, 2007
Some confusion exists regarding the status of marine construction workers under the Jones Act. A recent Sixth Circuit opinion may offer some clarity to the topic and confirm that in most instances, marine construction workers do qualify as Jones Act seamen. The case is styled Arnold v. Luedtke, 2006 WL 2220978 (6th Cir. 8/4/2006).
The plaintiff began work in February 2002. He served as the foreman of a seawall construction project. The project required him to work in four phases. During the first two phases, he captained a tugboat and worked aboard a large derrick boat for extended periods...
The plaintiff began work in February 2002. He served as the foreman of a seawall construction project. The project required him to work in four phases. During the first two phases, he captained a tugboat and worked aboard a large derrick boat for extended periods...
Injured seamen are entitled to maintenance and cure, and unearned wages, regardless of fault
Wednesday, February 14th, 2007
Injured seamen are entitled to maintenance, cure and unearned wages. However, some Jones Act employers refuse to pay maintenance, cure and/or unearned wages.
Injured seamen can bring claims beyond the traditional worker's compensation remedies. Specifically, injured seamen are entitled to payment for related medical treatment, payment of compensation during their period of disability, and payment of unearned wages. In addition to these worker's compensation-type remedies, injured seamen can also bring negligence claims and unseaworthiness claims against their employer.
The rest of this post explains the entitlement to maintenance and cure and unearned wages in more detail:
Read More »
Injured seamen can bring claims beyond the traditional worker's compensation remedies. Specifically, injured seamen are entitled to payment for related medical treatment, payment of compensation during their period of disability, and payment of unearned wages. In addition to these worker's compensation-type remedies, injured seamen can also bring negligence claims and unseaworthiness claims against their employer.
The rest of this post explains the entitlement to maintenance and cure and unearned wages in more detail:
The Jones Act – What Is It?
Sunday, February 11th, 2007
Injured seamen and offshore workers often ask me to explain their possible remedies under the Jones Act and to explain the Jones Act to them.
The Jones Act is really a pretty straightforward set of rules first passed by Congress is 1920 and known as The Merchant Marine Act of 1920. The statute itself is short. Although the statute is short and can be read in less than 5 minutes, like ship that's been in the water a long time, the Jones Act has a lot of barnacles in the form of Court opinions that interpret it's provision.Read More »
The Jones Act is really a pretty straightforward set of rules first passed by Congress is 1920 and known as The Merchant Marine Act of 1920. The statute itself is short. Although the statute is short and can be read in less than 5 minutes, like ship that's been in the water a long time, the Jones Act has a lot of barnacles in the form of Court opinions that interpret it's provision.
New Unseaworthiness Decision
Thursday, February 8th, 2007
A district court recently found that a winch attached to a dock is not part of a ship such that a defect in the winch could be considered a part of the ship for unseaworthiness purposes.
The decision is O'Donnell v. Jean McCausland, L.L.C., 2005 U.S. Dist. 29202, No. 04-cv-175-PB (D.N.H., November 17, 2005.
This decision makes sense. The shipowner owes a duty to provide a seaworthy ship and equipment to seamen aboard the vessel. It does not owe such a duty with respect to dock-based equipment, at least according to this recent decision.
Read More »
The decision is O'Donnell v. Jean McCausland, L.L.C., 2005 U.S. Dist. 29202, No. 04-cv-175-PB (D.N.H., November 17, 2005.
This decision makes sense. The shipowner owes a duty to provide a seaworthy ship and equipment to seamen aboard the vessel. It does not owe such a duty with respect to dock-based equipment, at least according to this recent decision.
Recent Jones Act Case Upholds $1,585,000.00 Verdict
Wednesday, February 7th, 2007
The San Antonio Court of Appeals recently issued a unanimous opinion affirming a $1,585,000.00 jury verdict in a Jones Act case. The opinion is styled Weeks Marine, Inc. v. Salinas.
Salinas worked for Weeks Marine, a dredging company, as a mate. He worked on the M/V BTD II, a dredge boat. While the dredge was in a repair facility in Houma, Louisiana, Salinas injured his back. He was hurt while lifting two 45 pound batteries. He was required to carry these batteries from the yard across two gangways. He was hurt as he stepped from one of the gangways.Read More »
Salinas worked for Weeks Marine, a dredging company, as a mate. He worked on the M/V BTD II, a dredge boat. While the dredge was in a repair facility in Houma, Louisiana, Salinas injured his back. He was hurt while lifting two 45 pound batteries. He was required to carry these batteries from the yard across two gangways. He was hurt as he stepped from one of the gangways.
Injured Offshore? Here Are Five Helpful Tips For Navigating Your Legal Voyage
Tuesday, February 6th, 2007
If you are someone you know is injured offshore or near a navigable body of water, there may be a legal claim for damages under the Jones Act, General Maritime Law, the Longshore & Harbor Worker's Compensation Act (LWCHA), or other state or federal laws. However, the procedural and substantive law governing maritime legal claims is very different from the law governing onshore injuries.
You need to be sure you don't run aground during your legal voyage. Here are five helpful tips for workers with offshore injury claims.
1. If you are considering hiring a lawyer, the very...
You need to be sure you don't run aground during your legal voyage. Here are five helpful tips for workers with offshore injury claims.
1. If you are considering hiring a lawyer, the very...
What kind of offshore drilling rigs are covered by the Jones Act?
Wednesday, January 31st, 2007
The Jones Act covers "seamen" injured on vessels of all kinds, including mobile offshore drilling rigs.
There are many kinds of mobile offshore drilling rigs, including jack-up rigs, mobile offshore drilling units (or "MODUs"), semi-submersibles, spar platforms, lay barges, and drill ships.
Many Courts have found that these so-called "special purpose vessels" (or "SPVs") are vessel for Jones Act purposes. However, a worker injured aboard a mobile drilling rig still needs to pass the test set forth it the United States Supreme Court's Chandris decision, which requires, generally, a connection to a vessel or identifiable fleet of vessels...
There are many kinds of mobile offshore drilling rigs, including jack-up rigs, mobile offshore drilling units (or "MODUs"), semi-submersibles, spar platforms, lay barges, and drill ships.
Many Courts have found that these so-called "special purpose vessels" (or "SPVs") are vessel for Jones Act purposes. However, a worker injured aboard a mobile drilling rig still needs to pass the test set forth it the United States Supreme Court's Chandris decision, which requires, generally, a connection to a vessel or identifiable fleet of vessels...
The U.S. Supreme Court Decides Unanimously in Favor of Jones Act seaman
Wednesday, January 31st, 2007
In a wonderful victory for Jones Act seaman and injured maritime workers generally, last year, the United States Supreme Court decide Stewart v. Dutra, a case involving whether an injured dredge worker was a Jones Act "seaman" and whether the dredge he was on was a "vessel" for Jones Act purposes.
The case is a must-read for all maritime attorneys and is recommended for Jones Act seaman and maritime workers generally.
The U.S. Supreme Court decided, essentially, that anything "practically capable" of moving across the water, whether it does so or not, is a "vessel" for Jones...
The case is a must-read for all maritime attorneys and is recommended for Jones Act seaman and maritime workers generally.
The U.S. Supreme Court decided, essentially, that anything "practically capable" of moving across the water, whether it does so or not, is a "vessel" for Jones...
