When you work in the maritime industry, you understand that safety is not just a priority but a necessity. A necessity refers to something essential and unavoidable. It is a requirement that must be met no matter what. On the other hand, a priority is something you regard as more important than another. It is a preference or something given precedence in importance or urgency. Priorities can change based on circumstances, whereas necessities are typically constant. Maritime workers face unique risks associated with working on or near the water every day. Employers have a responsibility to keep ..read more

Losing a loved one due to a maritime wrongful death may be difficult to accept. As the victim’s family mourns, they may pursue justice through the Death on the High Seas Act (DOHSA). This federal law allows a victim’s family member to hold a vessel or person responsible for the wrongful death. They may bring a civil action in admiralty if the victim’s demise was due to neglect, default or a wrongful act on the high seas. Distance restrictions The DOHSA only applies to wrongful deaths that happened farther than 3 nautical miles from the United States shore. It does not cover deaths in internal ..read more

Seamen endure much in their line of work. From working on fishing vessels in rough seas and maintaining cargo ship decks to operating tugboats in busy harbors, they face significant risks every day. Exposure to harsh weather conditions, hazardous materials and dangerous equipment can lead to injuries, for which they can seek compensation under the Jones Act. However, mariners need to understand that only certain injuries qualify for compensation. Compensable injuries under the Jones Act The Jones Act, or the Merchant Marine Act of 1920, permits injured seamen to sue their employers for da ..read more

Working as a seafarer has its share of risks and hazards. During the storm season in California, the weather drastically changes, involving heavy rain, strong wind, high surf, thunderstorms and flooding. While working in an unpredictable setting like the seas, your safety should always be the priority. Minimizing the risk of injuries The weather has a significant impact on your working conditions. It makes all seafarers’ tasks more dangerous, especially those in moving vessels. Consider these factors when working in heavy weather: Vessel motion caused by strong wind and waves increases the ris ..read more

Seamen operate in a unique and challenging environment where their safety can easily be compromised. The maritime industry presents various risks and hazards, making it crucial for seamen to have mechanisms in place to address safety concerns promptly. One such mechanism is the Stop Work Authority (SWA), a vital component of maritime safety management systems. Understanding the significance of SWA and its implications can help seamen to better ensure a safe working environment at sea. What is Stop Work Authority? Stop Work Authority is a fundamental safety concept that empowers individuals to ..read more

Discussions about California’s navigable waterways too often focus almost exclusively on the Pacific Ocean. Thousands of ships arrive at ports in California every day transporting both goods and passengers. However, the navigable waterways of California can reach substantially inland. Under current statutes, rivers that are navigable by vessels are subject to the same protections as maritime environments, including the open ocean. Workers performing jobs on fishing vessels, container ships and passenger boats on California’s rivers might end up injured as part of their job and facing major cha ..read more

Navigating maritime employment involves understanding the legal frameworks that protect seamen and harbor workers. Among these, the Longshore and Harbor Workers’ Compensation Act (LHWCA) stands out as a crucial piece of legislation. The LHWCA, enacted in 1927, provides compensation benefits to maritime workers who suffer injuries or illnesses while working on navigable waters of the United States or in adjoining areas used in loading, unloading, repairing or building a vessel. Coverage and eligibility LHWCA covers a broad spectrum of maritime employees, including longshore workers, harbor work ..read more

If you are a maritime worker, you may be entitled to several benefits if you’re injured in a workplace accident. The primary benefits to which you are likely entitled are maintenance, cure and unearned wages. Maintenance One of the benefits of working at sea is that you can generally avoid expenditure while out there. Your employer likely gives you room and board on top of paying you a wage. If you are injured and unable to work, you may still be able to claim the living costs you would have received were you still at work. This is known as maintenance, and courts tend to award it at around $2 ..read more

Distracted boating has become a growing concern in regard to maritime safety, posing risks not only to the occupants of the vessels but also to others sharing the waterways. If you’re new to the concept of distracted boating, you’re not alone. Thankfully, by exploring its nuances and identifying the primary causes behind this risky behavior, you can strive to be safer on the water. Distracted boating refers to the act of operating a watercraft while attention is diverted from the primary task. This distraction can take various forms, including but not limited to mobile phone use, conversing wi ..read more

Maritime safety affects the well-being of passengers aboard vessels, the crew as well as residents who live and work near water bodies. Since the sea is inherently hazardous, provisions have been made to mitigate the risks of injuries and fatalities. For instance, the Occupational Safety and Health Administration (OSHA) has instituted requirements for Personal Flotation Devices to help in the recovery of persons who are at risk of death, hypothermia or drowning. Since navigating the seas comes with its own set of challenges and risks, understanding the potential dangers is crucial for maritime ..read more