In the aftermath of a maritime injury , proper documentation can have a significant impact on the outcome of any resulting claim. It can influence an injured worker’s ability to prove negligence under the Jones Act or that an injury qualifies under the Longshore and Harbor Workers’ Compensation Act . It might influence the outcome of a claim of unseaworthiness and the perceived value of an injured ...
Continue Reading
Maritime work is inherently dangerous. The unpredictable nature of the open sea presents challenges such as severe weather conditions, strong currents, and large waves, which can lead to accidents, injuries, or even fatalities. The physically demanding nature of the work, including heavy lifting, operating complex machinery, and navigating slippery surfaces, increases the risk of injuries. The ...
Continue Reading
A seaman is someone who does certain work on a vessel that's in navigable water. We'll further define each part of that statement, but it can first help to understand why someone would need to be considered a seaman, and why the definition has been hotly contested in court. If you work offshore and get hurt on the job, you cannot file a workers' compensation claim like employees on land can do in ...
Continue Reading
The captain goes down with the ship. This maritime tradition is as old as the industry itself, but what about its modern application? Does the captain really have to go down with their ship, or does the maxim apply more to a captain’s obligation to do everything possible to rescue others if their vessel is sinking? It seems the latter is true, but there’s a bit more to it. On the evening of ...
Continue Reading
6 Recent Groundings & Why They Happened It's been nearly two years since the historic grounding of the Ever Given in the Suez Canal, which halted commercial traffic for a week. This disrupted billions of dollars of trade and grabbed worldwide attention. The accident would later be blamed on trying to navigate the ship with just two pilots on the bridge and no tow vessels fore or aft of the ...
Continue Reading
Commercial fishermen , offshore workers , and all seamen are at risk of experiencing one of the most devastating injuries: amputation. A hand, finger, foot, or another part of the body may be completely severed in a maritime accident or may be damaged to such an extent that it must be surgically amputated, causing significant physical and emotional trauma—not to mention impacting the worker’s ...
Continue Reading
2022 was expected to be an above-average season for Atlantic hurricanes, and though the number of named storms and hurricanes was on the low end of the NOAA’s predictions, those that did strike caused significant damage. Hurricane Fiona, the first major hurricane of the season, caused at least 31 deaths in the Caribbean and Canada as well as more than $875 million in damage. Hurricane Ian, a ...
Continue Reading
One of the most dangerous challenges an offshore worker can face is cold exposure. While winter temperatures present the highest risk of cold-related injuries, seamen may battle with exposure in any season. On an offshore rig that may be dozens or hundreds of miles from shore, there is no escape from the water. Rain, seaspray, and the ocean itself can present a serious risk of cold exposure at any ...
Continue Reading
Marine terminals can be very dangerous places for workers. The presence of heavy machinery and equipment, barges and other vessels, mooring lines , and heavy containers all place workers at risk of suffering catastrophic injuries. Falls are one of the most prevalent. Longshoremen at marine terminals may sustain life-altering or fatal injuries in falls from heights or into the water . In many ...
Continue Reading
Posted By Arnold & Itkin LLP
There's no denying the importance of maritime workers in the global economy. Ships and other vessels transport over 90% of the world's goods, providing jobs for maritime workers in the U.S. and abroad. Of these industries, offshore oil exploration and extraction is among the most important. Teams work around the clock in shifts to make sure the demands for American oil are met. Shift work is ...
Continue Reading
2022 has been a year of firsts for autonomous cargo ships. In February, the Yara Birkeland , a fully electric and autonomous cargo ship, successfully completed its maiden voyage in Norway. In May, an autonomous freighter named the Suzaku traveled 491 miles around Tokyo Bay without human intervention, performing more than 100 collision avoidance maneuvers. In June, the Prism Courage became the ...
Continue Reading