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 ...
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When a maritime worker is injured because of the negligence of the owner or operator of the vessel or another seaman, they have the right to seek compensation under the Jones Act. There are specific qualifications to be eligible under the Jones Act, however, including classification as a “ seaman.” A seaman is a person who is employed by the vessel owner or operator and spends at least 30% of ...
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On December 8, 2021, President Biden signed an executive order calling on the Federal Government “to lead by example in order to achieve a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by no later than 2050.” One of the key parts of this will be harnessing the power of offshore wind. Biden’s plan calls for the United States to generate 30 gigawatts of ...
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Posted By Arnold & Itkin LLP
One of the cornerstones of maritime law involves determining the seaworthiness of a vessel. Seaworthiness describes a vessel’s condition and whether it is in the proper condition to safely operate on open water. When a vessel is unseaworthy, it can place the safety of everyone on board at risk and can cause serious injuries or death. Maritime employers are required to maintain seaworthy vessels. ...
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Posted By Arnold & Itkin LLP
When people think of the Jones Act and the benefits it offers to maritime workers, they often think of crews on commercial fishing vessels, oil platforms, barges, and jack-up rigs. These may be the most well-known in the offshore industry, but there are other maritime workers who are at just as high of a risk of harm and who need the protection that the Jones Act and other applicable laws have to ...
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Posted By Arnold & Itkin LLP
While Louisiana’s offshore industry is known thanks to the state’s oil industry, not every Louisianan offshore worker is on an oil rig. In fact, many residents of Louisiana are employed on one of the state’s many riverboat casinos. Louisiana is known for its riverboat casinos, which are old-fashioned paddlewheel boats like you might see in a Western movie or television show. Many of today's ...
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Posted By Arnold & Itkin LLP
Falling overboard is the second most common cause of death for fishermen. Between 2000 and 2014, 210 fishermen died after falling overboard. None of them were wearing lifejackets or any type of personal flotation device (PFD). Despite this fact, there are no requirements or regulations for fishermen to wear PFDs while working—making deadly accidents more likely in an industry that already has a ...
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Posted By Arnold & Itkin LLP
When workers sustain offshore injuries, defense attorneys often try to limit their ability to recover losses by asserting that they were injured before the accident. They argue that preexisting conditions can exasperate injuries caused by accidents and, as a result, mitigate or eliminate a company’s responsibility to provide compensation for them. Using pre-existing medical conditions as a defense ...
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Posted By Arnold & Itkin LLP
The American offshore industry is no stranger to aging vessels. Experts say that vessels are going to start retiring faster than the rate they can be replaced. Because of this, it’s fair to assume that many older vessels will be at sea for longer than they should be. Not only are aging ships an economic setback, but they also pose a risk to maritime workers. Offshore workers who are employed on ...
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Posted By Arnold & Itkin LLP
Offshore oil and gas production is complex, involving many different players and facets. Essentially, the industry involves two main tasks: extracting the materials and transferring them to a refinery to be prepared for sale. These tasks involve two main types of different yet equally important equipment: vessels and platforms (also called rigs). Platforms are stationary structures while vessels ...
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Posted By Arnold & Itkin LLP
Recently, two incidents involving storms and offshore work have grabbed headlines. The first incident occurred last fall when the Deepwater Asgard was left in the path of a hurricane despite pleas from the crew and warnings from weather experts. The incident was harrowing and resulted in an experience that some of the crew members will forever be traumatized by. The second incident resulted in ...
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Posted By Arnold & Itkin LLP
Most people associate the Jones Act with hazardous conditions and accidents that injure seamen. For decades, the Jones Act has held employers accountable for failing to provide a safe work environment. While the Jones Act covers accidents like falls, explosions, toxic exposure, and other dangerous situations, many offshore workers don’t realize they might be able to recover damages after being ...
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Posted By Arnold & Itkin LLP
For centuries, injured seamen had one option after an injury at work: maintenance and cure. This maritime law requires no fault to be proven after an offshore accident for a worker to receive compensation. It only requires that a worker sustained their injuries on the vessel they're employed on or while performing the duties of their job. However, any payment an injured person receives for their ...
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Posted By Arnold & Itkin LLP
Understanding how your nationality or the flag of your vessel can affect your ability to file an injury claim starts with understanding the Jones Act and why it was created. Accidents can and often do happen to fishermen, oil rig workers, cruise ship crew members, and other offshore workers. Yet, for many years, injured offshore workers couldn’t recover the compensation that they needed to recover ...
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Posted By Arnold & Itkin LLP
Attorneys Kurt Arnold, Caj Boatright, Roland Christensen, Joseph McGowin, and Claire Traver are currently representing an Alabama man who was severely injured while working offshore. Our client was aboard a drillship in the Gulf of Mexico when he suffered debilitating harm because his employer failed to provide a safe workplace. Offshore work is inherently dangerous, and no worker should sustain ...
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Posted By Arnold & Itkin LLP
Maritime workers who suffer from a disability after an on-the-job injury or illness are fully protected under the law. It can be confusing to figure out how much compensation you can receive, how long you can receive it, and what your first steps should be. In some cases, disability benefits may be paid by or administered by your employer, and in other cases, a disabled offshore worker may need to ...
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Posted By Arnold & Itkin LLP
In the past, we’ve discussed how commercial diving jobs such as underwater welding might be among some of the most dangerous in the offshore industry. However, it’s difficult to confirm this because the most recent data on commercial diving death rates covers 1997 to 1989. That data, released by the Centers for Disease Control (CDC) found that commercial divers had about five deaths each year. ...
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Posted By Arnold & Itkin LLP
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides benefits for maritime workers injured on the job that are not covered under state workers’ compensation law and do not qualify as a seaman under the Jones Act. LHWCA is a federal statute similar to state workers’ compensation programs in that the LHWCA bars injured employees from filing a lawsuit against their employer. However, ...
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Posted By Arnold & Itkin LLP
The Jones Act was made to protect offshore workers. It was passed in 1920 and is officially known as the Merchant Marine Act. This important law protects workers from preventable accidents by giving them the ability to hold responsible parties liable should one occur. Before the Jones Act, workers could only seek compensation for their immediate medical needs and their cost of living until maximum ...
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Posted By Arnold & Itkin LLP
The maritime industry has one of the oldest laws designed to protect injured workers. The concept of maintenance and cure means that injured seamen must receive compensation for living costs (maintenance) and for medical care until they are healed as much as possible (cure). Notably, maintenance and cure doesn’t require either party to prove fault—it only requires the injured party to have been ...
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Posted By Arnold & Itkin LLP
Arnold & Itkin Attorneys Kurt Arnold, Caj Boatright, Roland Christensen, Joseph McGowin, and Claire Traver are seeking justice for a Jones Act seaman who died as a result of his employer’s failure to provide him with reasonable medical care. The company ignored the worker’s need for medical attention and died before his life could be saved. Offshore companies have a duty to take care of the ...
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Posted By Arnold & Itkin LLP
In 2017, the Jones Act received criticism for how it affected the people of Puerto Rico. After the island was devastated by Hurricane Maria, the people of Puerto Rico had no power, no infrastructure, destroyed homes, and ruined agriculture. Critics of the Jones Act pointed out that the Jones Act wasn’t being helpful for recovery efforts for Puerto Rico. Specifically, they said that the law made it ...
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Posted By Arnold & Itkin LLP
Arnold & Itkin Attorney Roland Christensen filed suit on behalf of a Jones Act seaman from Harris County, Texas. Our client was seriously injured after he slipped and fell on a slick surface while performing the duties of his job. His employer failed to provide a safe workplace, and our client is now suffering from injuries that should have never happened. Under the Jones Act, vessel owners are ...
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Posted By Arnold & Itkin LLP
Arnold & Itkin’s Jones Act lawyers are currently representing a fisherman who sustained injuries while performing the duties of his job. The fisherman was forced to perform dangerous tasks on rough seas with an inexperienced crew. Our client’s employer failed to provide the foundations of a safe work environment, and he is now unfairly suffering because of this. Too often, we see Gulf Coast ...
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Posted By Arnold & Itkin LLP
The Jones Act is one of the most important laws for offshore workers. It provides them with the ability to pursue compensation after sustaining injuries caused by an employer’s negligence. One of the most important aspects of a Jones Act claim is understanding how one works. Doing so will help you make the right decisions to strengthen your claim and help you obtain the compensation that you need. ...
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