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Category Archives: Maritime Accidents
The Basics of the Longshore Act & Available Remedies for Injured Maritime Workers
The Longshore and Harbor Workers’ Compensation Act (“LHWCA” or the “Longshore Act”) is a federal workers’ compensation scheme designed to provide coverage to maritime employees who are injured or killed in an incident “occurring upon the navigable waters of the United States (including any adjoining…
Federal Agencies Underreport Offshore Oil & Gas Deaths, Creating the Illusion of Safety
Recent investigations into the Bureau of Safety and Environmental Enforcement (“BSEE”) allege that deaths of offshore oil and gas workers frequently go unreported. Specifically, “inconsistent and missing data, as well as loopholes that allow some fatalities to go unreported, make the offshore industry appear safer…
Liability Insurance Required For “Party Boats”
Like motorists, boat drivers have duties and responsibilities when operating boats in a safe manner. However, boating accidents are still a common occurrence, and damages stemming from these types of accidents can be substantial. Boat owners must make sure that crew members are trained and…
The Perils of the Seaman Status– 5th Circuit Revised Seaman Status Test
The Fifth Circuit’s recent en banc decision in Sanchez v. Smart Fabricators of Texas, L.L.C., No. 19 20506,2021 WL 1882565 (5th Cir. May 11, 2021) upends 20 years of its own precedent and reformulates the seaman status analysis. The plaintiff in the lawsuit was a welder working on a…
Abraham Watkins Scores Victory Under New 5th Circuit Maritime Precedent
In Sanchez v. Smart Fabricators, a unanimous, en banc decision of the 5th Circuit upended existing precedent in greatly narrowing the critical threshold issue of who qualifies as a seaman under the Jones Act. As one of the leading personal injury firms in the nation,…
Maritime Injury: Claims for Purely Emotional Injuries and the Physical Impact Rule
An often overlooked component and independent cause of action in maritime injury claims is infliction of emotional distress. If you have been involved in accident and sustained psychological injury such as substantial distress, anxiety, grief, depression, insomnia, or other psychological symptoms without soft tissue or…
Barged Moored Allegedly Due to Tired Wheelman
Pilots, captains, and wheelmen are all primarily tasked with the safety of their crew and passengers. These seaman are also responsible for the safe navigation of their vessels, no matter the size or type of cargo. Some of the work shifts last 12-hours instead of…
Maintenance and Cure: They Cut You Off?
No, a vessel owner or employer cannot unilaterally terminate maintenance and cure benefits without serious justification. Maintenance and cure requires that vessel owners and employers provide sick and injured seaman their basic living expenses and reasonable and necessary medical expenses until the point that they…
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