In April 2021, an offshore oil industry boat named Seacor Power capsized in the Gulf of Mexico during severe weather conditions, according to a preliminary report by the National Transportation Safety Board (NTSB). The boat was carrying nine crew members, two galley staff, and eight offshore workers. Six individuals were rescued, six were found deceased, and seven are still missing. The boat was attempting to lower its legs to stabilize itself against heavy winds when it flipped. Weather reports had initially predicted much milder winds. The accident happened during a rain squall that significantly reduced visibility. Rescue efforts were hampered by high winds and large waves. The NTSB’s full investigation could take up to two years. Multiple lawsuits have been filed against the boat’s owner, Seacor Marine.
Maritime law serves as a specialized field of legal practice, focusing on issues that arise on open waters. Often, seamen who work on ships, fishing boats, or oil rigs encounter unique challenges, including the risk of injury. Unlike workers on land, those who suffer injuries at sea fall under a different set of laws and regulations. Maritime law aims to provide a framework for understanding these unique circumstances. It offers specific protections and rights to injured seamen, ensuring fair treatment and financial support during recovery.
Jones Act: A Lifeline for Injured Maritime Workers
One of the most important laws for maritime workers is the Jones Act. Enacted in 1920, it serves as a safety net for those who get hurt while working at sea. Unlike typical workers’ compensation laws on land, the Jones Act allows injured seamen to file a lawsuit against employers for negligence. It covers a wide range of issues, from unsafe working conditions to lack of proper training. If a seaman can prove employer negligence played a role in the injury, compensation can include lost wages, medical expenses, and even pain and suffering. In essence, the Jones Act provides an avenue for injured maritime workers to seek fair treatment and financial support.
Maintenance and Cure: Financial Support During Recovery
Maintenance and Cure are two pillars of maritime law designed to help injured seamen during their recovery period. ‘Maintenance’ refers to the daily living expenses an injured worker may incur, such as rent and food. ‘Cure,’ on the other hand, covers medical costs directly related to the injury. These benefits kick in automatically after an injury occurs at sea, regardless of who is at fault. Unlike other legal options, proving negligence is not a requirement to receive Maintenance and Cure. It’s a straightforward way for injured maritime workers to get financial support while they heal. However, it’s worth noting that these benefits have limits and may not cover all the costs a seaman might face during recovery.
Unseaworthiness: When Vessels Fail to Meet Safety Standards
Unseaworthiness is a term in maritime law that refers to a vessel’s failure to meet safety standards. A ship is considered unseaworthy if it has defects or lacks proper equipment, making it unsafe for those on board. This can include anything from faulty machinery to inadequate safety gear. When a seaman gets injured due to unseaworthiness, maritime law allows for the pursuit of compensation. Importantly, the employer’s intent or negligence doesn’t necessarily have to be proven; the mere fact that the vessel was unsafe can be enough for a claim. Compensation can cover a variety of needs, such as medical expenses and lost wages.
Comparative Negligence: Shared Fault in Maritime Injuries
In maritime law, the concept of comparative negligence comes into play when both the injured seaman and another party, such as the employer, share some level of fault for the injury. Unlike traditional workers’ compensation, which often doesn’t consider the worker’s own negligence, maritime law allows for a more nuanced approach. Under comparative negligence, the total compensation an injured worker may receive gets adjusted based on their percentage of fault. For example, if a seaman is found to be 20% at fault for an accident, any awarded compensation would be reduced by that percentage.
Longshore and Harbor Workers’ Compensation Act: Protections for Dockside Employees
The Longshore and Harbor Workers’ Compensation Act (LHWCA) serves as a special set of regulations aimed at protecting workers who are employed in maritime occupations but primarily work on land. These include people involved in shipbuilding, ship repair, and other harbor-related activities. Unlike the Jones Act, which focuses on seamen working at sea, LHWCA offers benefits to those who get injured while working on docks, terminals, or shipyards. Workers under LHWCA are entitled to compensation for medical expenses and a portion of their lost wages. One unique feature is that it allows for the possibility of vocational rehabilitation services, helping injured workers transition into new roles if needed.
Legal Procedures: Steps to Filing a Maritime Injury Claim
Filing a maritime injury claim involves several steps, each with its own set of rules and timelines. Initially, an injured worker must report the injury to their employer, usually within a specific time frame. Following the report, an investigation often takes place to gather evidence, such as photographs, witness statements, and medical records. Once all the necessary information is collected, the claim can be formally filed. Maritime law provides different avenues for claims, depending on the circumstances of the injury and the laws applicable. Options can include filing under the Jones Act, claiming Maintenance and Cure, or seeking benefits through the Longshore and Harbor Workers’ Compensation Act. Each pathway has its own set of requirements and potential outcomes.
Empowering Injured Seamen Through Legal Knowledge
Knowledge is power, especially when it comes to understanding one’s rights under maritime law. Injured seamen face unique challenges, from navigating complex legal pathways to securing financial support for recovery. By gaining a solid grasp of key legal concepts like the Jones Act, Maintenance and Cure, and comparative negligence, maritime workers can better understand their options for compensation and justice. Moreover, awareness of laws like the Longshore and Harbor Workers’ Compensation Act can offer additional avenues for those working on or near the water. In sum, a well-informed maritime worker is better equipped to make decisions to positively impact their recovery and future. Through legal knowledge, injured seamen can take steps to secure fair treatment and the financial support deserved.
If you have a maritime injury claim, call 504-523-6496 or contact our expert team for a free consultation.
