Our readers who work on water vessels out of Alaska or Washington probably know about the Jones Act and that this law provides them with protection in a number of ways. However, perhaps the most powerful aspect of the Jones Act for seamen is the ability to pursue a personal injury case against their employers in instances where negligence occurs. It may help our readers to explore the concept of negligence and how it might occur in their lines of work. Negligence on a vessel As a legal concept, negligence may seem quite straightforward: someone did something they shouldn’t have done or, conver ..read more

While commercial fishing can be a rewarding job and many say that there is nothing they would rather do, there are inherent dangers with the work. They must coordinate with other workers, use heavy equipment, brave rough seas and adhere to safety principles. It is unfortunate that accidents with injuries and fatalities are common with commercial fishing. To address safety concerns, the National Institute for Occupational Safety and Health is tasked with assessing the frequency of accidents, how they happen and trying to forge strategies to prevent them. The ongoing research can be useful for f ..read more

According to a report from the North Pacific Fishery Management Council, the number of commercial fishing fatalities in Alaska’s waters between 2013 and 2022 decreased by well over 50%. The council’s report was summarized by a major Alaska media source. While this is promising news, the council pointed out that the fishing industry is still a dangerous profession.  Furthermore, many of the nation’s annual fishing fatalities happen in Alaska’s waters. The sharp decline in the number of commercial fishing fatalities in Alaska follows a national trend. However, of all the deaths in the decad ..read more

Our readers who work aboard vessels at sea probably know that different laws apply to them if they are injured at work than might apply to those with land-based employment. “Workers’ compensation” is a legal term that most people are familiar with and they know that it is a benefit for employees who are injured on-the-job on land. But, for seaman, fishermen and other who work at sea, another legal term will likely apply if an injury occurs: maintenance and cure. What does this term refer to and why is it important for our readers? Maintenance and cure basics Although it is in many ways similar ..read more

When you’re injured at sea, you need money to get you through your recovery. While you might be able to recover this compensation by taking legal action against your employer pursuant to the Jones Act, there’s a good chance that your employer is going to deploy aggressive tactics to try to avoid as much liability as possible. One way this could happen is by proposing an advanced wage agreement. While this agreement doesn’t sign away your right to take legal action against your employer, it likely will limit your action to arbitration in exchange for an advance on your future wages. Although su ..read more

Being injured at sea can blanket your life in pain and uncertainty. Your injuries can limit your mobility, rendering it difficult to perform even the simplest of tasks, and the financial costs associated with your recovery can be oppressive. As if that’s not enough, you’re bound to face a significant emotional toll, too, perhaps even leaving you with a long-term condition like post-traumatic stress disorder. What can you do in these circumstances to ease the damage that’s been caused to you? One option is to file a maritime law claim under the Jones Act. If you’re successful here, you might re ..read more

The term “ordinary vessel” may seem to be lacking great significance, but in cases involving injuries suffered by individuals who work on ships or boats, it can have enormous importance. The Jones Act is a federal statute enacted to allow injured maritime workers to recover damages from their employers beyond the limited maritime damages of “maintenance and cure.” Maintenance and cure are traditional maritime terms for living expenses and medical expenses, and they are roughly analogous to living expenses and medical expenses available under most workers’ compensation laws. If, however, an ind ..read more

The U.S. Coast Guard and a good Samaritan vessel rescued for mariners after their fishing vessel capsized near Kodiak, Alaska. There are no immediate reports of injuries to the seamen onboard. According to a Coast Guard press release, at about 4:30 pm on Sunday, January 21, the crew of the F/V ALASKA ROSE reported that the vessel was taking on water.  At the time the seamen called for help, the vessel was about two miles off Chiniak Island, which is itself located northeast of Kodiak Island.  Weather at the time of the mayday included 30 knot winds, 8-foot seas, and water temper ..read more

Whether you are a well-seasoned seaman or not, there is a basic expectation that the vessel you are working on is safe and fit for the purpose they are intended for. Unfortunately, this does not always occur. An unseaworthy vessel could cause significant issues at sea, even resulting in harms and injuries to the crew. In the event of an injury caused by an unseaworthy vessel, the injured seaman has the right to take legal action. A maritime claim could help establish cause and liability while also assessing the damages they are entitled to. Unseaworthy vessel At Trueb Berne 7 Beard, LLP, our l ..read more

Three individuals were rescued and two were found deceased after a vessel capsized near Chichagof Island in SE Alaska on the evening of Tuesday, January 9. Shortly before 9:00 pm, the police in Sitka, a small town near the sinking, contacted the U.S. Coast Guard regarding a vessel in distress.  The Coast Guard and other first responders began a search and rescue operation by air and sea.  A helicopter from Sitka located the three survivors in the water roughly one hour after the search began.  All three were flown to Sitka, transferred to local EMS, and taken to the local hospit ..read more