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| Introduction Commercial mariners (deep sea & inland), commercial fishermen, paid yacht crews, and commercial divers injured in the service of their vessel are considered Jones Act seamen and their injuries are covered by maritime law. Tim Akpinar Contact Information: Telephone: E-mail: Street Address: Mailing Address: Website: © February 2005 by Tim Akpinar All Rights Reserved - The contents of this website may not be copied or transmitted without the prior written consent of Tim Akpinar Back to Top |
| Commercial Vessels - Injured at Sea - Injury on a Vessel Jones Act Seamen - Commercial Fishermen - Paid Yacht Crews - Tugs - Pushboats - Workboats - Commercial Divers |
Depending on how a seaman's injury arises, legal
rights for compensation are available under the
Jones Act, unseaworthiness, products liability, or
general maritime law. The following summary
explains the various laws available to commercial
seamen, commercial fishermen, yacht crews, and
commercial divers injured at sea. Useful information
could also be found on the page What to do in a
Jones Act Injury - What to do if You Are Injured at
Sea. One should be aware of the fact that no matter
how strong a case they have, or whatever legal
theory they plan to bring an action under, one of the
most fundamental issues is making sure you act
within the Maritime Law Statute of Limitations.
Negligence and the Jones Act
Seamen injured in the course of service of their
vessels are covered by the Jones Act. The Jones
Act covers merchant seamen...ocean going deep
sea ships or tour boats and other inland vessels
such as towboats, pushboats, tugboats, riverboats,
and other brown water workboats.
The Jones Act states, “Any seaman who shall suffer
personal injury in the course of his employment may,
at his election, maintain an action for damages at
law, with the right of trial by jury”. Although the
Jones Act uses those words, seaman's rights
applies to women and men who work aboard
vessels. By clicking here, you will be taken to
Summary of the Jones Act. A Seaman can be a
tugboat deckhand, commercial fisherman, tanker
captain, passenger ship steward, commercial diver,
etc.
rights for compensation are available under the
Jones Act, unseaworthiness, products liability, or
general maritime law. The following summary
explains the various laws available to commercial
seamen, commercial fishermen, yacht crews, and
commercial divers injured at sea. Useful information
could also be found on the page What to do in a
Jones Act Injury - What to do if You Are Injured at
Sea. One should be aware of the fact that no matter
how strong a case they have, or whatever legal
theory they plan to bring an action under, one of the
most fundamental issues is making sure you act
within the Maritime Law Statute of Limitations.
Negligence and the Jones Act
Seamen injured in the course of service of their
vessels are covered by the Jones Act. The Jones
Act covers merchant seamen...ocean going deep
sea ships or tour boats and other inland vessels
such as towboats, pushboats, tugboats, riverboats,
and other brown water workboats.
The Jones Act states, “Any seaman who shall suffer
personal injury in the course of his employment may,
at his election, maintain an action for damages at
law, with the right of trial by jury”. Although the
Jones Act uses those words, seaman's rights
applies to women and men who work aboard
vessels. By clicking here, you will be taken to
Summary of the Jones Act. A Seaman can be a
tugboat deckhand, commercial fisherman, tanker
captain, passenger ship steward, commercial diver,
etc.
Unseaworthiness - A vessel owner
is held to owe a seaman a
warranty that the vessel is a
seaworthy vessel. This means the
vessel is reasonably fit for its
intended use. While a Jones Act
claim is brought against the
employer, an unseaworthiness
claim is brought against the vessel
owner. For a small vessel where
the employer and owner are the
same, it might not make any
difference.
is held to owe a seaman a
warranty that the vessel is a
seaworthy vessel. This means the
vessel is reasonably fit for its
intended use. While a Jones Act
claim is brought against the
employer, an unseaworthiness
claim is brought against the vessel
owner. For a small vessel where
the employer and owner are the
same, it might not make any
difference.
Product Liability
If injury results from a defective product, the
action is considered a product liability case and is
maintained against the manufacturer of the
product. The injured would need to show that the
product was defective in that it did not perform its
function safely as would ordinarily be expected, or
that it could have been made safer in an
economical manner. See the January 2006 article
from Work Boat magazine, where product liability
is outlined (click the link above to read the article).
If you were involved in an injury related to marine
activity, call for a free and confidential
consultation. If I am able to handle your case, there
is no fee unless I am successful.
If injury results from a defective product, the
action is considered a product liability case and is
maintained against the manufacturer of the
product. The injured would need to show that the
product was defective in that it did not perform its
function safely as would ordinarily be expected, or
that it could have been made safer in an
economical manner. See the January 2006 article
from Work Boat magazine, where product liability
is outlined (click the link above to read the article).
If you were involved in an injury related to marine
activity, call for a free and confidential
consultation. If I am able to handle your case, there
is no fee unless I am successful.
Loosely speaking, seaman means crew member, but
there’s obviously more to it than that, as a good part
of Jones Act cases involve disputes over seaman
status. But first, here's a question...is a person who
works on a barge a seaman? To read about this,
click Who is a Seaman - What is a Vessel ? A
seaman need not be aboard the vessel at sea to
qualify as a seaman. He or she could be injured on
shore. Under the Jones Act, an injured seaman is
entitled to compensation in the form of lost wages
and medical expenses, known as maintenance and
cure. Additionally, if the seamen is able to
demonstrate negligence of the employer, he or she
may be entitled to damages for pain and suffering,
and mental anguish. A Jones Act claim must be
brought within three years from the date of injury.
The fact that the seaman’s actions may have
contributed to the injury would not disqualify a claim
although it would reduce an otherwise larger award.
To read about medical issues that may enter the
picture, click Medical Issues in Marine Injuries -
Boating Accident Injuries .
However, as these laws apply to large ocean going
vessels as well as small inland vessels, vessel
owner and employer can be different entities. An
entire vessel need not be unseaworthy, only the part
that caused the seaman’s injury. As with the Jones
Act, a seaman’s own negligence would not disqualify
his or her claim but it would reduce an otherwise
larger award for damages.
there’s obviously more to it than that, as a good part
of Jones Act cases involve disputes over seaman
status. But first, here's a question...is a person who
works on a barge a seaman? To read about this,
click Who is a Seaman - What is a Vessel ? A
seaman need not be aboard the vessel at sea to
qualify as a seaman. He or she could be injured on
shore. Under the Jones Act, an injured seaman is
entitled to compensation in the form of lost wages
and medical expenses, known as maintenance and
cure. Additionally, if the seamen is able to
demonstrate negligence of the employer, he or she
may be entitled to damages for pain and suffering,
and mental anguish. A Jones Act claim must be
brought within three years from the date of injury.
The fact that the seaman’s actions may have
contributed to the injury would not disqualify a claim
although it would reduce an otherwise larger award.
To read about medical issues that may enter the
picture, click Medical Issues in Marine Injuries -
Boating Accident Injuries .
However, as these laws apply to large ocean going
vessels as well as small inland vessels, vessel
owner and employer can be different entities. An
entire vessel need not be unseaworthy, only the part
that caused the seaman’s injury. As with the Jones
Act, a seaman’s own negligence would not disqualify
his or her claim but it would reduce an otherwise
larger award for damages.
| Commercial Divers, Longshoremen and Shipyard Workers Despite their apparent close relationship to commercial seamen, marine employees such as harbor and docking pilots, shipyard workers, marine welders, mechanics, longshoremen, stevedores and sometimes commercial divers are not technically "seamen". Overseas, the Defense Base Act and War Hazards Compensation Act can apply. |
| From the October 2007 issue of Workboat Magazine...The Law of Maritime Collision, by Tim Akpinar; reprinted with the permission of Workboat Magazine. "On December 14, 2002, three ships found themselves in uncomfortably close quarters in the English Channel. Two of the vessels, the containership Kariba and car carrier Tricolor, were both on nearly parallel westbound headings...." To read more, click The Law of Maritime Collision |
| Click When Dangerous Products Result in Injury, from the January 2006 issue of Workboat Magazine. This article discusses how commercial mariners can be injured by defectively manufactured and defective designed equipment aboard a vessel. Reproduced with the permission of Workboat magazine. |
| District office: Alameda, California Covers Arizona, Utah, Nevada, California Contact Information Coast Guard Island Building 50-3 Alameda, CA 94501-5100 Phone: (510) 437-2970 ------------------------------------------ Thirteenth District District office: Seattle, Washington Covers Washington, Oregon, Idaho, and Montana and parts of contiguous Pacific Ocean areas. Contact Information 915 Second Avenue Seattle, WA 98174-1067 Phone: (206) 220-7280 ----------------------------------------- Fourteenth District District office: Honolulu, Hawaii Covers Hawaii and certain U.S. island possessions in the Pacific. Contact Information: 300 Ala Moana Boulevard 9-236 Honolulu, HI 96850-4982 Phone: (808) 541-2316 Day (808) 842-2600 Night ------------------------------------------ Seventeenth District District office: Juneau, Alaska Covers Alaska and parts of the Pacific and Arctic Ocean. Contact Information: P.O. Box 25517 Juneau, AK 99802-5517 Phone: (907) 463-2269 Day (907) 463-2004 Night |
Click here to see article from
Commercial Fisheries
News, May 05 Maritime Law
and Commercial Fishing. The
Rights of Commercial
Fishermen follow the same
laws as those applied to
ocean going merchant
mariners, inland tug, barge,
towboat, riverboat seamen
and other offshore & inland
crews.
Commercial Fisheries
News, May 05 Maritime Law
and Commercial Fishing. The
Rights of Commercial
Fishermen follow the same
laws as those applied to
ocean going merchant
mariners, inland tug, barge,
towboat, riverboat seamen
and other offshore & inland
crews.
Shiptalk.com... providing
no-nonsense news, views
and advice about the industry
in which we work and
provide you with products
and services that will make a
difference to life at sea.
no-nonsense news, views
and advice about the industry
in which we work and
provide you with products
and services that will make a
difference to life at sea.
U.S. Coast Guard Districts
First District
Office: Boston, MA
Maine, New Hampshire,
Vermont, Massachusetts,
Rhode Island, Connecticut,
parts of New York and New
Jersey
Contact Information
408 Atlantic Avenue
Boston, Massachusetts
02110-3350
Phone: (800) 368-5647
-----------------------------------
Fifth District
Office: Portsmouth, VA
North Carolina, Virginia,
District of Columbia,
Maryland, Delaware, parts of
Pennsylvania and New
Jersey
Contact Information
431 Crawford Street
Portsmouth, Virginia
23704-5004
Phone: (757) 398- 6486
----------------------------------
Seventh District
Office: Miami, FL
South Carolina, Florida, part
of Georgia, the Panama
Canal Zone, Puerto Rico,
U.S. Naval Reservations in
the West Indies and north
coast of South America.
Contact Information
909 SE 1st Avenue
Miami, Florida 33131-3050
Phone: (305) 415-6730
----------------------------------
Eighth District
Office: New Orleans, LA
North Dakota, South Dakota,
Wyoming, Nebraska, Iowa,
Colorado, Kansas, Missouri,
Kentucky, West Virginia,
Tennessee, Arkansas,
Oklahoma, New Mexico,
Texas, Louisiana,
Mississippi, Alabama, and
parts of Pennsylvania, Ohio,
Indiana, Illinois, Wisconsin,
Minnesota, Florida, Georgia
and Gulf of Mexico
Contact Information
500 Pydras Street
New Orleans, Louisiana
70130-3310
Phone: (504) 589-6277
-----------------------------------
Ninth District
Office: Cleveland, OH
Michigan, and parts of New
York, Pennsylvania, Ohio,
Indiana, Illinois, Wisconsin,
Minnesota
Contact Information
1240 East Ninth Street
Cleveland, OH 44199-2060
Phone: (216) 902-6073
First District
Office: Boston, MA
Maine, New Hampshire,
Vermont, Massachusetts,
Rhode Island, Connecticut,
parts of New York and New
Jersey
Contact Information
408 Atlantic Avenue
Boston, Massachusetts
02110-3350
Phone: (800) 368-5647
-----------------------------------
Fifth District
Office: Portsmouth, VA
North Carolina, Virginia,
District of Columbia,
Maryland, Delaware, parts of
Pennsylvania and New
Jersey
Contact Information
431 Crawford Street
Portsmouth, Virginia
23704-5004
Phone: (757) 398- 6486
----------------------------------
Seventh District
Office: Miami, FL
South Carolina, Florida, part
of Georgia, the Panama
Canal Zone, Puerto Rico,
U.S. Naval Reservations in
the West Indies and north
coast of South America.
Contact Information
909 SE 1st Avenue
Miami, Florida 33131-3050
Phone: (305) 415-6730
----------------------------------
Eighth District
Office: New Orleans, LA
North Dakota, South Dakota,
Wyoming, Nebraska, Iowa,
Colorado, Kansas, Missouri,
Kentucky, West Virginia,
Tennessee, Arkansas,
Oklahoma, New Mexico,
Texas, Louisiana,
Mississippi, Alabama, and
parts of Pennsylvania, Ohio,
Indiana, Illinois, Wisconsin,
Minnesota, Florida, Georgia
and Gulf of Mexico
Contact Information
500 Pydras Street
New Orleans, Louisiana
70130-3310
Phone: (504) 589-6277
-----------------------------------
Ninth District
Office: Cleveland, OH
Michigan, and parts of New
York, Pennsylvania, Ohio,
Indiana, Illinois, Wisconsin,
Minnesota
Contact Information
1240 East Ninth Street
Cleveland, OH 44199-2060
Phone: (216) 902-6073
(718) 224-9824
t.akpinar@verizon.net
250-02 Northern Blvd - Suite 200
Little Neck, New York 11363
P.O. Box 620766
Little Neck, New York 11362
www.mycounsel.us
t.akpinar@verizon.net
250-02 Northern Blvd - Suite 200
Little Neck, New York 11363
P.O. Box 620766
Little Neck, New York 11362
www.mycounsel.us