Maritime Accidents

Archive for the ‘Seamen Injuries’ Category

Do You Know What Drowning Looks Like?

Thursday, August 19th, 2010

We’ve all seen drowning victims portrayed on TV or in the movies.  We’ve seen actors scream and splash in the water.  But that is only how drowning looks on the screen. In real life, drowning happens very differently.

By the time a maritime worker is actually drowning, it is mostly a silent event.  The worker may bob up and down in the water but there is no screaming or splashing to catch the eye of his coworkers or other people nearby.

Thus, it is important that everyone is continuously accounted for aboard a vessel, that crewmembers are taught how to handle a person who falls overboard, and that personal flotation devices are readily accessible.  It is also critical that everyone knows what drowning looks like so that fewer maritime workers fall victim to drowning each year.

Is it Legal to Use Your Cell Phone While Operating a Boat?

Tuesday, August 17th, 2010

Distracted driving is an important and popular topic right now – at least on our nation’s roads.  Many states have passed laws regulating how a cell phone can be used by a driver, but so far no similar rules have been enacted by the Coast Guard for boat operators.

Now, the National Transportation Safety Board (NTSB) is encouraging the Coast Guard to do get to work developing those rules. 

While the NTSB has not yet determined the cause of a fatal San Diego accident last December during which a Coast Guard vessel collided with another boat killing a child and injuring four others, it has said that crew members on that Coast Guard vessel were using cell phones for personal reasons.

What do you think? Should the Coast Guard develop a policy about cell phone use while boating? How broad – or narrow – should it be?

Wishing the United States Coast Guard a Happy 220th Birthday

Monday, August 9th, 2010

Last week, the United States Coast Guard celebrated its 220th birthday.  Each year on August 4th, the Coast Guard takes time to celebrate its mission and its accomplishments as it looks forward to another year ahead.

The Coast Guard was originally founded as the Revenue Cutter Service in 1790.  The agency’s name was changed to the Coast Guard in 1915.

Today, the Coast Guard is charged with helping mariners in trouble and protecting our waters and shoreline in homeland security operations.

As maritime lawyers, we are appreciative of the hard work that the Coast Guard performs and we extend our congratulations to the men and women of the United States Coast Guard on reaching this milestone.

The Frightening Truth About Commercial Diving

Tuesday, July 27th, 2010

Commercial divers have dangerous jobs.  Often, it is professional divers who are required to perform underwater construction, maintenance and repairs.  It is professional divers who go searching for the missing when another vessel capsizes and it is professional divers who help with salvage operations.

These activities put professional commercial drivers at risk from explosions, defective equipment and negligence – any of which can cause a lack of oxygen or a debilitating accident that can result in serious injury or death.

Can Commercial Divers Recover Damages?

Yes, commercial divers are often entitled to damages for their injuries.  Our experienced maritime injury lawyers will determine whether the diver is considered a seaman for purposes of the Jones Act and what maritime laws apply to the diver.

If you’ve been injured, or if you’ve lost a loved one, in a diving accident please contact us today for more information about your rights.

8 Things You Didn’t Know About Seaworthy Vessels

Thursday, July 1st, 2010

If you are seaman then your job is dangerous.  You know that your employer has an obligation to keep you reasonably safe by providing a seaworthy vessel upon which to do your job, but what does that really mean?

Here are eight things you might not know about the definition of “seaworthy”:

  1. Seaworthy is not the same as ship safety.
  2. Seaworthiness is a concept that is unique to each vessel and to each voyage.
  3. Seaworthiness includes the equipment on the boat.
  4. Seaworthiness includes the training and skill of the crew.
  5. The particular cargo of a ship can contribute to its seaworthiness.
  6. In order to be seaworthy, your vessel must be prepared for the normal perils of the sea.
  7. Injuries due to piracy do not make a vessel unseaworthy.
  8. There may be safety violations on your vessel and your vessel may still be seaworthy.

If you’ve been injured in a maritime accident then you may be entitled to damages for your injuries if your ship was unseaworthy.  Contact an experienced maritime lawyer today for more information.

Longshore & Harbor Workers Compensation Act (LHWCA)

Free PDF overview from 888-GO-LONGY regarding Longshore & Harbor Workers Compensation Act (LHWCA)

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Defense Base Act
The Frequently Asked Questions

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Injured seaman must file a claim within three years of the injury. More on Employees Rights...