Maritime Law

Working as a seaman is one of the most dangerous jobs in the world. Unlike workers injured on land who may qualify for state workers' compensation benefits, seamen injured on a vessel in navigable waters are covered under the Jones Act and general maritime law. Injured seamen qualify for a number of benefits if they are injured or disabled. First, seamen are entitled to "unearned wages" until the end of the voyage or contract. This is simply the amount the seaman would have earned in wages had the seaman remained on the vessel until the end of the voyage or the end of the contract period. Second, injured seamen are entitled to medical "cure", which is payment of their medical expenses related to an injury that arose during employment on the vessel. Third, seamen are entitled to recover daily stipends called "maintenance" to help pay their living expenses while they are recovering from an injury. The rate of maintenance may be set in their employment contract, collective bargaining agreement, or may be calculated based on their expenses while recovering from an injury.

In addition, injured seaman may also recover damages for lost wages, future medical expenses, economic loss, and pain and disability associated with an injury. In order to recover these damages, however, the seaman must show that the injury was caused by a negligent act of the seaman's employer or another employee or that the condition was brought on by an unseaworthy condition. To prove these damages, it is important to have a skilled maritime lawyer who can analyze and effectively prosecute a claim for unseaworthiness or Jones Act negligence. These damages are not automatic and will require an experienced maritime lawyer.

Who is a Seaman?

The term "seaman" has a technical meaning in the law. Under maritime law, a person is a seaman if (1) they work on a vessel in navigation; (2) their employment connection with the vessel is substantial in terms duration and nature; and (3) their employment contributes to the work of the vessel. Whether a particular injured worker qualifies as a "seaman" will depend on the specific facts of the case and may turn on their specific work duties. As maritime lawyers, we have special expertise in determining whether a particular worker is a "seaman" and provide a free consultation to injured workers to help them determine if they qualify for benefits under the Jones Act and general maritime law. A variety of maritime workers may qualify as seaman, including:

engine room workers
vessel officers and crew
tug workers
Washington State ferry workers
fish processors
cargo and oil tanker crews
factory trawler workers
deckhands
vessel officers and crew
oil rig maritime workers
cruise ship employees
deckhands and crew on crab boats
deckhands and crew on dredges and barges
certain maritime construction workers
marine divers

Jones Act Negligence

Under the Jones Act, a seaman may recover damages from the seaman's employer if the employer or a fellow employee was negligent in causing an injury. Negligence may be shown in a number of ways, including the violation of a safety statute or regulation. An employer has a duty to provide the seaman with a safe place to work and unsafe working conditions will give rise to negligence. An employer is also liable for the negligent acts of other employees that negligently injure a seaman. Examples of negligence under the Jones Act may include:

failure to properly train employees;
failure to provide tools and equipment that is reasonably safe for performance of work;
failure to provide equipment and appliances that are suitable for the work to be done;
failure to provide safe access to the vessel from the dock and failure to provide safe access to the dock from the vessel;
failure to provide adequate safety measures;
negligent orders or instructions;
requiring excessive overtime;
failure to make proper inspections;
negligent hiring of crew;
failure to correct safety hazards;
creating working conditions that cause an unreasonable rush or pace of work;
violation of industry safety customs;
failure to maintain equipment;
unsafe storage of cargo; and
an unsafe method of work.

Unseaworthiness

An owner of a vessel is liable for injuries to seaman caused by an unseaworthy condition. A vessel's crew, its equipment, or its appliances may be considered unseaworthy if they are not fit for their "ordinary and intended" use. Operational negligence, improper methods of operation, or unsafe methods of work, will give rise to an unseaworthy condition. Other examples of unseaworthy conditions include:

insufficient or incompetent crew;
unsafe manner of work;
carrying unreasonably heavy loads without mechanical assistance;
improper storage of cargo;
failure of a piece of equipment under normal use;
obstructions on deck;
unsafe ladders or stairs;
defective tools;
defective machines;
slippery decks;
negligent orders;
assaults by fellow crewmembers;
inadequate safety equipment; and
failure to provide safe access to the vessel from the dock.