Seamen Find Protection under the Jones Act of 1920

The Jones Act of 1920, also known as the Merchant Marine Act, is a form of workers’ compensation. The specific act holds business enterprises and organizations that are typically engaged in marine commerce fully liable for the death or injuries of individuals working at sea under specific circumstances. These circumstances include negligence of the employer. It is a structure that is based on FELA (Federal Employment Liability Act)[i] law.

The Act’s Coverage

The Merchant Marine Act is a law that directly applies to any employee that works in maritime commerce. This would include individuals involved in the production or exploration of offshore energy resources. In fact, the act also directly applies to a non-traditional employee (seamen) including those that work in drilling, mapping and surveying, deep-sea diving, offshore construction, or offshore maintenance.

The Act’s Jurisdiction

Any individual that has been injured or ill and is currently seeking compensation under the Merchant Marine Act must first initiate competent legal action, usually through a maritime lawyer. The action must be located in the jurisdiction of the defendant, or in the judicial district of the principal office of the defendant. As an example, if the employee was injured at sea just off the California coast, but the employer’s headquarters are located outside of Houston, they would seek to hire a Jones Act attorney in Houston to file for restitution.

Typically, to be fully protected under the Merchant Marine Act, the individual needs to be an American citizen or a resident alien of the US during the time he or she was injured. Many individuals hire a Jones Act lawyer in Houston when they have suffered a serious illness or an injury at sea, as a way to seek recompense for their pain, suffering, injuries, recovery time and all the associated expenses.

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Corrosion Dropped Thomson Majesty Lifeboat

Hopefully, you’ll never have to get into a life boat or find yourself in a situation where you need to leave the safety of the main vessel. However, there are times where an issue arises and there really is nothing else you can do. When climbing into the lifeboat and having it lowered to sea doesn’t mean you should find yourself in greater danger, but with recent corrosion issues with the Thomson Majesty, you need to know your rights. Recently, the Malta Maritime Safety Investigation Unit released a safety alert due to failing wires that hold up the lifeboat when it is being lowered into the water. Due to corrosion and other maintenance issues, the wire is likely to snap and give way, resulting in either one end of the lifeboat dropping towards the water or the entire boat dropping down dozens of feet to the water below. This greatly increases your chance of injury, as your body either comes in contact with the water, the life boat or the vessel you are leaving. There are many different issues that might arise, but you need to utilize the assistance of a maritime injury lawyer, should you find yourself in such a situation.

It is important for you to know your rights and to protect yourself. If you are even involved in an accident in which you are injured at sea or on the water due to neglect or maintenance issues from the lifeboats, you need to seek out the professional assistance of a maritime injury lawyer. You are going to hear a lot from other injury lawyers who say they can protect you the most and offer the best services, but the fact of the matter is you need to have the help from a lawyer who has experience with the given issue and the kind of law, as maritime law is unique.  The maritime lawyer is going to assist you through every instance and aspect of the situation, so you always know you are protected.

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Life Jackets Save Lives … Hence the Name

Two fisherman in Bridlington recently made a short film about wearing life jackets to encourage others to increase their safety when at sea. The film is two minutes long and is available on the social network site YouTube with the title “Life Jacket: a Fisherman’s Friend.”

The two men decided to make a film after a conclusion from a panel of experts found that 26 fishermen may still be here today if they were wearing a life jacket. A fishing boat back in 2007 was involved in an incident while at sea. The statistic released alarmed the Fishing Industry Safety Group that they took the initiative to being more attention to safety. Safety when on a boat at sea is important and a maritime lawyer can provide legal advice to fisherman involved in any accidents when on a boat.

The group approached two fishermen with the idea of making a short film about life jacket Safety. This led the pair to begin work on the film with help from members of the Fishing Industry Safety Group. A life jacket is necessary when going out to sea. Many fisherman have stated they will not go our to sea if one is not available. The biggest reason is that people often gasp and forget how to stay afloat after they hit the water. Fisherman can have severe difficulties if a life jacket is not being worn.

Anyone who is a fisherman should watch “Life Jacket: a Fisherman’s Friend” to learn about the need of a life jacket. The goal is to have fisherman consider buying and using a life jacket when they set out for a daily sea voyage. A life jacket is easy to wear by any adult. They are not heavy and do not prevent the user from performing any activities when on a boat.

Fisherman with questions about the lack of a life jacket on a boat should contact a maritime lawyer that can provide anyone with much-needed advice.

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Maritime Injury Attorney

On shore and off shore, occupational accidentals can happen no matter the location or the planning and expertise of the crews involved.  Maritime accidents require special legal attention because they often occur in waters floating on the boundaries between the accident victim’s home country and international jurisdiction.  In the majority of accident causes, it is the job of the hired maritime accident attorney to “reel in” the scope of an individual accident case and process it through the district jurisdiction which is most likely involved.  Most districts will try to dismiss sea-borne lawsuits and injury claims, but a maritime accident attorney will fight for any fisherman, oil rigger, contractor and seaman who earns his living on the water.

In every maritime lawyer’s mind is the case of the 1988 accident on the Norwegian oil rig known as Piper Alpha.  All systems and personnel protocols were in standard working order until the unforeseen happened.  Many lives were lost and international maritime safety standards for workers, contractors and international trades people came under immediate review.  Families were shortchanged because of the litigation surrounding this tragedy, but this type of maritime justice never has to happen again.

The conference organized in Norwegian waters at the Aberdeen Exhibition and Conference Center will be a spectacular multi-industry representative focus on the safety steps which can be taken on off shore oil rigs, fishing boats and commodities transports.  This UK-based conference is bound to address some of the most important issues facing nations with high seas trade and shipping interests.  The Piper Alpha accident will be of particular note and focus for all envoys attending the conference.  New safety and personnel protocols will be introduced and proposed which will certainly highlight some of the most pressing and under addressed issues in international maritime law.

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Hijacked Ship Sinks

Life at sea can be tough. Rugged waters, arduous work schedules and long periods away from the family all make sea duty difficult. Most sailors enjoy the life, nevertheless, because of the adventure, travel, and pay. These people, full of wanderlust, often forget the possible dangers. One crew became sadly aware of the omnipresent threat of piracy on the high seas in late 2010. On November 26, 2010, the Albedo, a ship sailing under a Malaysian registry, came under attack while sailing 900 miles off the coast of Mogadishu, Somalia. Pirates overtook the crew of 23 sailors, with the expressed intent of holding the men for ransom. The ship remained seized and in possession of pirates, in waters near Somalia, until July 7, 2013, when it sank.

Negotiations

The men held captive suffered through over two-and-half years of anguish. Pirates raid vessels for profit. In this case, the monetary reward was ransom, payable by the company or family. Enrich Shipping owned and operated the Albedo but refused to pay the millions of dollars required to secure its release. Paying the ransom was beyond the means of the company, officials declared on various occasions. This reality meant the families of the captives had to locate a maritime attorney to help negotiate a feasible ransom. After paying $1.2 million to the pirates, families gained the release of seven crewmembers. This July 2012 release left an estimated 15 of the crew onboard, as one person died earlier.

Sinking

The final scene of this saga occurred almost a year later on July 7, 2013, when the Albedo sank after months of taking in seawater. Sources confirm the remains of four of the captives. Meanwhile, the European Union Naval Force and Maritime Patrol continues searching for survivors. The families surely want a conclusion to this whole affair. More than likely, a skillful maritime attorney will now sift through the evidence and paperwork to ascertain the culpability in these deaths. It is not certain just whose negligence contributed to this situation. This type of incident is why speaking with a maritime attorney is important.

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Natural Gas Blowout

Injuries at sea are not uncommon, and there are many different ways in which these injuries can take place. Maritime law covers different scenarios and situations, all of which are important to highlight and understand what context it plays if such an event unfolds. While most maritime injuries involve boats and moving vessels, there are other issues that can arise on solid platforms and constructions, such as golf rigs. Such an event did just take place on the Gulf of Mexico when a natural gas blowout caused a serious fire and caused serious damage to the facility

Recent Natural Gas Blowout

The natural gas blowout occurred about 55 miles off of the shore of Louisiana and, although generally a manned location, nobody was actually on the big when the gas blowout occurred. What exactly caused the explosion is still not yet known, although local authorities were contacted and sent out in order to try and reduce the size of the blaze and get it under control, although due to the nature of the fire, with gas sitting on top of the water to burn, it did prove more challenging than a traditional fire on land.

Nobody Injured at Sea Currently

Nobody was injured during the explosion, although there are some risk of contaminated water and other issues arising inside around the show as the water with burned gasoline stats to make its way to shore. This situation is capable of harming hundreds, if not thousands of individuals who live along the cost, and if such an injury occurs, it is important to utilize a team of lawyers that has experience dealing with this kind of a situation or legal matter. While some lawyers are going to suggest they are able to handle any kind of injury, it is always best to go with someone who specializes in the kind of law. Maritime law covers any and all kinds of issues that took place at sea, and while someone might have become sick by being exposed to the contaminated water on the land, the situation took place on the water in the Gulf of Mexico and is classified as a maritime issue and constitutes injured at sea.

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