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    <title type="text">Law Offices of Cavin and Marks</title>
    <subtitle type="text">Maritime Lawyer &#124; San Francisco Personal Injury Lawyer &#124; Marine Law</subtitle>

    <updated>2026-02-05T05:27:48Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Cavin and Marks</name>
				            </author>
            <title type="html"><![CDATA[What happens if a ship owner refuses maintenance and cure?]]></title>
            <link rel="alternate" type="text/html" href="https://www.sealawyer.com/blog/2020/12/what-happens-if-a-ship-owner-refuses-maintenance-and-cure/" />
            <id>https://www.sealawyer.com/?p=47868</id>
            <updated>2022-09-14T08:13:41Z</updated>
            <published>2020-12-23T16:46:24Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[U.S. admiralty law says that when seamen or longshore workers get hurt on the job, they have a right to maintenance and cure. These usually amount to the necessary medical expenses and a meager daily stipend. They’re relatively modest expenses for most owners and vital for the injured workers, so what happens when a ship owner refuses to pay them?…]]></summary>
			                <content type="html" xml:base="https://www.sealawyer.com/blog/2020/12/what-happens-if-a-ship-owner-refuses-maintenance-and-cure/"><![CDATA[U.S. admiralty law says that when seamen or longshore workers get hurt on the job, they have a right to maintenance and cure. These usually amount to the necessary medical expenses and a meager daily stipend. They’re relatively modest expenses for most owners and vital for the injured workers, so what happens when a ship owner refuses to pay them?

The answer is that you can pursue legal action. It’s possible to hold ship owners accountable for these violations. In fact, <a href="https://www.superyachtnews.com/crew/chef-wins-12-million-in-maintenance-and-cure-claim" target="_blank" rel="noopener noreferrer" data-wpel-link="external">as one case shows</a>, owners who don’t pay fair maintenance and cure may end up paying far more in the long run.
<h2>Ship owners should know better</h2>
Seamen and longshore workers have hard jobs. They often work long hours performing tough, physical work, and they may spend weeks apart from their friends and family. While they’re at sea, they depend on their employers and ship owners to meet certain standards for care. In short, as tough as they may be, these workers often find themselves in vulnerable positions.

Because of this, the law has long sought to protect their rights and safety. In fact, <a href="https://www.courtlistener.com/opinion/1653932/baucom-v-sisco-stevedoring-llc/?" target="_blank" rel="noopener noreferrer" data-wpel-link="external">federal courts have maintained</a> that their rights to maintenance and cure are “virtually automatic.”

Nonetheless, employers and ship owners still sometimes deny these payments, such as when the owners of a private yacht, the <em>Picnic</em>, refused to pay the costs for an injured chef. The chef suffered a hernia while aboard the <em>Picnic</em> and needed to get emergency surgery in Cuba. The medical conditions were bad, and the worker needed to get a corrective surgery after suffering complications from the first. He then had to spend three weeks in recovery. Despite this, he originally sought just $4,000 in maintenance and cure. His request was denied. The ship owner claimed the chef had willfully concealed a pre-existing condition and had abused the ship’s internet.

That led to legal action, which the chef ultimately won. In its opinion, the court:
<ul>
 	<li>Stated the ship owner failed to prove the chef had lied about his condition to seek free medical treatment in Cuba</li>
 	<li>Dismissed the idea that internet abuses were relevant to the matter of maintenance and cure</li>
</ul>
The ship owner treated the chef badly in other ways, as well. The court found its violations were flagrant. And in the end, the chef received a judgment of $1.2 million—300 times the amount he had originally requested.
<h2>It’s possible to push back against unfair denials</h2>
<a href="https://www.sealawyer.com/admiralty-maritime-law-overview/failure-of-a-shipowner-to-provide-maintenance-and-cure/" target="_blank" rel="noopener noreferrer" data-wpel-link="internal">If your employer denies you maintenance and cure</a>, you shouldn’t expect your case to repay 300 times the amount. Nonetheless, the chef’s case highlights some of the ways owners often try to shift the blame. Admiralty law introduces matters of fault that don’t exist in most workers’ compensation cases, and owners may claim the fault is all yours.

If this is the case, you want to know your rights. Even if you think you may have contributed to your injury, you may still have a claim. There are many ways to divide the fault. Some of the fault may even lie with the ship itself. However, to push back against unfair denials and show where the fault actually lies, you want a deep understanding of maritime law.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Cavin and Marks</name>
				            </author>
            <title type="html"><![CDATA[4 key safety trends in commercial shipping]]></title>
            <link rel="alternate" type="text/html" href="https://www.sealawyer.com/blog/2020/10/4-key-safety-trends-in-commercial-shipping/" />
            <id>https://www.sealawyer.com/?p=47858</id>
            <updated>2022-09-14T08:13:47Z</updated>
            <published>2020-10-06T13:00:19Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Commercial shipping is a dangerous industry. Workplace injuries are far more common aboard fishing vessels, container ships and other commercial ships than in offices lined with cubicles. But recent signs suggest companies are making their ships safer for officers and crew. The insurance giant Allianz recently explored these changes in its most recent Safety & Shipping Review. Based on the…]]></summary>
			                <content type="html" xml:base="https://www.sealawyer.com/blog/2020/10/4-key-safety-trends-in-commercial-shipping/"><![CDATA[Commercial shipping is a dangerous industry. Workplace injuries are far more common aboard fishing vessels, container ships and other commercial ships than in offices lined with cubicles. But recent signs suggest companies are making their ships safer for officers and crew.

The insurance giant Allianz recently explored these changes in its <a href="https://www.agcs.allianz.com/news-and-insights/news/safety-shipping-review-2020.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">most recent Safety &amp; Shipping Review</a>. Based on the data from 2019, the insurer found impressive reductions in total ship losses. In other places, the industry still had a lot of room to improve.
<h2>Ship losses hit record lows</h2>
This is the headline item for the report. Understandably, it’s big news for those in the insurance industry. In 2019, the industry saw an impressive drop in the number of lost ships. There were 20 percent fewer ships lost at sea in 2019 than in 2018. And this represented an impressive 70 percent reduction in total ship losses over a span of 10 years.

Naturally, this also represents <a href="https://www.sealawyer.com/admiralty-maritime-law-overview/" target="_blank" rel="noopener noreferrer" data-wpel-link="internal">key improvements for officers and crew</a>. Their workplace is far safer when it’s much less likely to capsize, explode or otherwise fall apart.
<h2>The global health crisis continues to create risk</h2>
The report identified 10 ways the global health crisis continues to strain the shipping industry. Many of these also apply to workers stationed aboard offshore platforms. Among the various risks, the report highlighted:
<ul>
 	<li>The increased risk of machinery failure due to the disruption of standard maintenance and service</li>
 	<li>The increased risk of unsafe practices going unnoticed because there are fewer inspections</li>
 	<li>Delayed crew changes place strain on workers and increase the odds of critical human errors</li>
</ul>
In many ways, the health crisis has exacerbated existing conditions more than it has created new ones. For example, the oil and gas industry were already under financial strain. In April, <a href="https://www.theguardian.com/environment/2020/apr/20/deepwater-horizon-10-years-later-could-it-happen-again" target="_blank" rel="noopener noreferrer" data-wpel-link="external">reporters questioned</a> if such changes could lead to the sort of catastrophic explosion we saw 10 years ago with Deepwater Horizon.
<h2>Smaller shipping incidents continue to climb</h2>
While the number of the large, catastrophic accidents has plummeted, smaller incidents have risen. The report noted that total shipping incidents had risen by 5 percent while the number of shipboard fires had risen by as much as 13 percent.

There were nearly 200 fires reported in 2019, and the report pointed toward poor cargo reporting as a major problem. Many of the fires were started by chemicals and batteries that weren’t properly identified and stowed.
<h2>Car carriers and roll-off/roll-on ships among the most accident prone</h2>
Allianz reported that while cargo ships accounted for nearly one-third of all losses, there was a disturbing number of car carriers and roll-off/roll-on (ro-ro) ships lost on the year. The number of these ships lost in action climbed by 20 percent from the previous year.
<h2>Shipping companies need to mind these concerns</h2>
If you work at sea, you rely on your company, your officers and your fellow crew to keep your work conditions safe. That’s why these statistics matter. It’s also why it’s worth noting that the report pointed out a couple key concerns for the future.

The shipping industry must grapple with emission reductions and the incorporation of new technology. As with nearly every change, these present opportunities to make the world and the industry better—and safer—but may also lead companies and crew to cut corners. If they do, they may shortchange safety.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Cavin and Marks</name>
				            </author>
            <title type="html"><![CDATA[Top factors in recreational boating accidents]]></title>
            <link rel="alternate" type="text/html" href="https://www.sealawyer.com/blog/2020/07/top-factors-in-recreational-boating-accidents/" />
            <id>https://www.sealawyer.com/?p=46247</id>
            <updated>2022-09-14T08:13:51Z</updated>
            <published>2020-07-07T13:00:14Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[You might not know it, but recreational boating is more dangerous than driving. That’s not to say you shouldn’t enjoy the open waters, but it does mean you should boat safely. Just as you need to drive safely when you get behind the wheel. Every year, the U.S. Coast Guard publishes a report on the nation’s recreational boating accidents. Every…]]></summary>
			                <content type="html" xml:base="https://www.sealawyer.com/blog/2020/07/top-factors-in-recreational-boating-accidents/"><![CDATA[You might not know it, but recreational boating is more dangerous than driving. That’s not to say you shouldn’t enjoy the open waters, but it does mean you should boat safely. Just as you need to drive safely when you get behind the wheel.

Every year, the U.S. Coast Guard publishes a report on the nation’s <a href="/wp-content/uploads/sites/1301768/2020/07/Recreational-Boating-Statistics-2019.pdf" target="_blank" rel="noopener noreferrer" data-wpel-link="internal">recreational boating accidents</a>. Every year, the report reminds us that thousands of people suffer boating injuries and hundreds die. As you might expect, California ranks near the top for boating accidents. But the good news is that most boating accidents and nearly all deaths are preventable.
<h2>How is boating more dangerous than driving a car?</h2>
The Coast Guard uses a different metric for boating deaths than the National Highway Traffic Safety Administration (NHTSA) uses to measure auto deaths. Where the NHTSA measures fatalities per 100 million miles, the Coast Guard measures deaths per 100,000 boats.

<a href="https://trten-my.sharepoint.com/personal/josh_grace_thomsonreuters_com/Documents/EBP_Write/1.22.20%20Coats%20Bennett%20TBP.docx" target="_blank" rel="noopener noreferrer" data-wpel-link="external">The latest NHTSA figures</a> show that Californians suffered 1.02 auto deaths per 100 million miles traveled. Recreational boaters suffered 5.2 deaths per 100,000 boats. That means that if each boat averaged 1,000 miles per year, boating proved nearly five times more dangerous. Even if each boat averaged 2,000 miles, boating would still be more than twice as deadly.

Given that the average boat sails less than two weeks out of the year, it’s likely most boats sail fewer than 2,000 miles each year. And the numbers suggest boating is more dangerous than driving.
<h2>How to use the statistics to your advantage</h2>
This information shouldn’t scare you away from boating. But it should remind you that it’s important to pay attention to your safety. Most of the factors that contribute to boating accidents are well within your control. In fact, the Coast Guard reports that the leading types of accidents were:
<ul>
 	<li>Collisions with other vehicles</li>
 	<li>Collisions with fixed objects</li>
 	<li>Grounding</li>
 	<li>Flooding or swamping</li>
 	<li>Falls overboard</li>
</ul>
Bad weather may sometimes play a role, but less often than you may expect. Instead, most factors leading to these accidents go right back to the people in charge:
<ul>
 	<li>Distracted operators</li>
 	<li>Inexperienced boaters</li>
 	<li>Speeding</li>
 	<li>Alcohol use</li>
 	<li>Machinery failure</li>
</ul>
While machinery failure could stem from poor construction, it’s more likely to stem from poor care and maintenance.

For all these points, however, there’s one that stands above all others. Most boating accidents aren’t fatal. And there’s one simple thing you can do to avoid a fatal accident: Wear a life jacket. Drowning accounted for nearly four-fifths of all boating deaths. Nearly 90 percent of all those who drowned did not wear a life jacket.
<h2>What happens when events veer outside your control?</h2>
While the Coast Guard’s report clearly shows that you can improve your safety by making good decisions, it also acknowledges that some things may be beyond your control. You won’t always know if your chartered boat has been properly maintained. The weather may turn on you. Or a drunken boater may lose control and run into you.

If you suffer injuries due to someone else’s fault, it’s possible to seek compensation. However, your case may not fall under state law. Depending on the circumstances, including where they travel, recreational boaters may need to <a href="/admiralty-maritime-law-overview/" target="_blank" rel="noopener noreferrer" data-wpel-link="internal">file their claims under maritime law</a>.
<h2>Be safe</h2>
Boating can be a great way to enjoy California waters. The best trips are the ones that lead to stories you can share with your friends and family. That means getting home safely.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Cavin and Marks</name>
				            </author>
            <title type="html"><![CDATA[When do ship masters need to report illnesses?]]></title>
            <link rel="alternate" type="text/html" href="https://www.sealawyer.com/blog/2020/05/when-do-ship-masters-need-to-report-illnesses/" />
            <id>https://www.sealawyer.com/?p=46628</id>
            <updated>2022-09-14T08:13:57Z</updated>
            <published>2020-05-20T05:00:00Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Because commercial vessels sail between numerous ports, they can serve as vectors of disease. A single vessel could bring disease from foreign ports to domestic shores, and lawmakers have long recognized this threat. That’s why there are laws for reporting illnesses. Especially during an outbreak of global concern, these reporting laws aim to safeguard everyone working on the docks, in…]]></summary>
			                <content type="html" xml:base="https://www.sealawyer.com/blog/2020/05/when-do-ship-masters-need-to-report-illnesses/"><![CDATA[Because commercial vessels sail between numerous ports, they can serve as vectors of disease. A single vessel could bring disease from foreign ports to domestic shores, and lawmakers have long recognized this threat. That’s why there are laws for reporting illnesses.

Especially during an outbreak of global concern, these reporting laws aim to safeguard everyone working on the docks, in the ports and in the general populace who could potentially be exposed.

<strong>The definition of illness</strong>

One of the most important parts of reporting illnesses is understanding what illness looks like. Federal regulations demand that the masters of all ships headed for U.S. ports must notify the authorities of any deaths or illnesses. But what constitutes an illness? The law treats illnesses as hazardous conditions. So, surely, the ship masters don’t need to report every case of the sniffles or common cold.

As it turns out, the definition of a reportable illness is rather precise. <a href="https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/MSIB/2020/MSIB-06-20_Reporting-Requirements.pdf?ver=2020-03-13-092336-483" target="_blank" rel="noopener noreferrer" data-wpel-link="external">As the U.S. Coast Guard recently reminded everyone</a>, ships must report illnesses when their crew show a fever of 100.4 degrees Fahrenheit (38 Celsius), plus one or more of the following symptoms:
<ul>
 	<li>Rash</li>
 	<li>Respiratory difficulty</li>
 	<li>Persistent cough</li>
 	<li>Reduced consciousness or confusion</li>
 	<li>Unexplained bruising or bleeding</li>
 	<li>Persistent diarrhea</li>
 	<li>Vomiting</li>
 	<li>Headache and stiff neck</li>
</ul>
Ship masters must also report illnesses when those illnesses result in:
<ul>
 	<li>Fevers that run for more than 48 hours</li>
 	<li>Individuals who suffer three or more bouts of diarrhea within 24 hours</li>
 	<li>Vomiting paired by diarrhea, abdominal cramps, headaches, muscle aches or fever</li>
</ul>
When anyone aboard a ship displays these symptoms, ship masters should report the illness to both the Coast Guard and the Centers for Disease Control and Prevention (CDC). As the Coast Guard notes, the failure to report these illnesses may expose the ship masters and their vessels to criminal and <a href="/admiralty-maritime-law-overview/" data-wpel-link="internal">civil liability</a>.

<strong>Proper reporting can protect crew as well as those on shore</strong>

It’s easy to understand the reporting requirements in the face of a global outbreak, but they serve a purpose even in calmer times. With proper notification, authorities can respond as needed. Such a response might involve quarantine, testing or simply data collection. And it can help protect those who live and work in the nearby area, as well as any crew who may join a vessel along its journey.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Cavin and Marks</name>
				            </author>
            <title type="html"><![CDATA[Why are container ships so dangerous?]]></title>
            <link rel="alternate" type="text/html" href="https://www.sealawyer.com/blog/2020/05/why-are-container-ships-so-dangerous/" />
            <id>https://www.sealawyer.com/?p=46625</id>
            <updated>2022-09-14T08:14:02Z</updated>
            <published>2020-05-05T05:00:00Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Container ships transport roughly 90% of the world’s goods. Thousands of them sail the seas every day. They provide work for hundreds of thousands of sailors and crew. And they claim the lives of thousands. According to some estimates, roughly 2,000 seafarers die every year. But why should these people lose their lives? Humans have been traversing the seas for…]]></summary>
			                <content type="html" xml:base="https://www.sealawyer.com/blog/2020/05/why-are-container-ships-so-dangerous/"><![CDATA[<p>Container ships transport roughly 90% of the world&rsquo;s goods. Thousands of them sail the seas every day. They provide work for hundreds of thousands of sailors and crew. And they claim the lives of thousands.</p><p>According to some estimates, <a href="https://www.theguardian.com/world/2015/jan/10/shipping-disasters-we-never-hear-about" target="_blank" rel="noopener noreferrer" data-wpel-link="external">roughly 2,000 seafarers die</a> every year. But why should these people lose their lives? Humans have been traversing the seas for thousands of years. We&rsquo;ve made countless technological advances. Yet the ocean remains the world&rsquo;s deadliest workplace.</p> <p><strong>The leading causes of container ship fatalities</strong></p><p>As The Guardian noted when it looked into the often-underreported issue of shipping deaths, Western media rarely cover shipping accidents because the crew for commercial ships hail mainly from poorer, Eastern countries.</p><p>This means that people looking for answers need to dig deeper to find them. You might look at the data supplied by the insurer Allianz, which publishes an annual Safety and Shipping Review. <a href="https://www.agcs.allianz.com/content/dam/onemarketing/agcs/agcs/reports/AGCS-Safety-Shipping-Review-2019.pdf" target="_blank" rel="noopener noreferrer" data-wpel-link="external">They report</a> that the leading causes of commercial shipping deaths involve:</p><ul><li>Machinery damage or failures</li><li>Collisions</li><li>Groundings</li><li>Fires and explosions</li></ul><p>Notably, the deaths lumped into the &ldquo;other&rdquo; category outnumbered all the other categories except for machinery damage and failure. It&rsquo;s also notable that <a href="/admiralty-maritime-law-overview/death-on-the-high-seas-wrongful-death-onboard/" data-wpel-link="internal">nearly all these deaths appear preventable</a>.</p><p>These numbers don&rsquo;t reflect deaths caused by sudden squalls or acts of piracy. They suggest deaths that owe to unseaworthy vessels, poor training and poor maintenance. They reflect a world in which companies hire as few crew members as possible to sail a massive vessel, and those crew suffer accidents as a result of their fatigue.</p><p><strong>Ship owners have a responsibility to their crew</strong></p><p>The ocean is a dangerous workplace, and the world&rsquo;s ship owners know this. They buy insurance to protect their interests, but they need to protect you, as well. They need to ensure their vessels are seaworthy. They need to train their crew. And they need to follow all the rules and regulations that govern their industry. They shouldn&rsquo;t shortcut your safety.</p><p>Commercial shipping remains a high-risk industry. But the good news is that when employers take reasonable steps to protect their employees, fewer ships face incidents. Fewer sailors die. As the most recent Allianz report revealed, 2018 saw roughly half as many losses as the year before. There&rsquo;s no good reason for sailors to suffer or die.</p>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Cavin and Marks</name>
				            </author>
            <title type="html"><![CDATA[Fishing ranks as the nation’s second deadliest industry]]></title>
            <link rel="alternate" type="text/html" href="https://www.sealawyer.com/blog/2020/04/fishing-ranks-as-the-nations-second-deadliest-industry/" />
            <id>https://www.sealawyer.com/?p=46113</id>
            <updated>2022-09-14T08:14:10Z</updated>
            <published>2020-04-15T05:00:00Z</published>
					<taxo:topics><![CDATA[Fishing Vessel Injuries]]></taxo:topics>
            <summary type="html"><![CDATA[Commercial fishing has long ranked among the nation’s most dangerous industries, and that still holds true today. A CNBC survey of the ten deadliest careers, released at the end of 2019, once again found commercial fishing ranked right near the top. This time, it took the number two spot. And this begs the question: What makes fishing so dangerous? Seven…]]></summary>
			                <content type="html" xml:base="https://www.sealawyer.com/blog/2020/04/fishing-ranks-as-the-nations-second-deadliest-industry/"><![CDATA[<p>Commercial fishing has long ranked among the nation&rsquo;s most dangerous industries, and that still holds true today.</p><p><a href="https://www.cnbc.com/2019/12/27/the-10-most-dangerous-jobs-in-america-according-to-bls-data.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">A CNBC survey of the ten deadliest careers</a>, released at the end of 2019, once again found commercial fishing ranked right near the top. This time, it took the number two spot. And this begs the question: What makes fishing so dangerous?</p> <p><strong>Seven facts about the risks facing commercial fishermen</strong></p><p>CNBC offered a summary of the dangers fishermen commonly face, but it&rsquo;s rather generic and may be somewhat dissatisfying. They note that fishing can lead to accidents that &ldquo;involve boat accidents or falls from boats.&rdquo; They go on to note that the days are long, and the work is hard.</p><p>If you&rsquo;re looking for a better picture of the dangers you could face while fishing, you might prefer the information presented by <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5958543/" target="_blank" rel="noopener noreferrer" data-wpel-link="external">an article in the American Journal of Industrial Medicine</a>. Its authors reviewed more than a decade&rsquo;s worth of data and found:</p><ul><li>U.S. fishermen suffered an average of 38 work-related deaths per year.</li><li>Deckhands suffered half of all fatalities.</li><li>Vessel disasters were the leading cause of fatalities at 43%. These included ships that capsized or that suffered enough damage the crew needed to flee.</li><li>Falls overboard were the second leading cause of fatalities at 30%.</li><li>Severe weather led to the largest share of vessel disasters. After that, most vessel disasters resulted from the instability caused by overloading.</li><li>The leading causes of falls overboard were working alone and the consumption of alcohol or drugs.</li><li>Fishermen along the West Coast (16%) are half as likely to suffer fatalities as those along the East Coast (32%).</li></ul><p>These statistics led the researchers and the National Institute for Occupational Safety and Health (NIOSH) to a couple key conclusions:</p><ul><li>Ship owners need to pay more attention to the stability and integrity of their vessels.</li><li>Crew should make sure they have access to adequate safety vests and other safety gear&mdash;and then make proper use of them.</li></ul><p>Of course, you can only do what&rsquo;s in your power to control. You can wear your safety vest and follow your safety protocols while on deck. But that won&rsquo;t stop your ship from sinking if the hull has rotted. When your injuries&mdash;or those of someone you love&mdash;owe to the unseaworthiness of a vessel or to an employer&rsquo;s negligence, you may have <a href="/admiralty-maritime-law-overview/" data-wpel-link="internal">cause to file a claim</a>.</p><p><strong>Understanding maritime claims</strong></p><p>Most employees benefit from workers&rsquo; comp, but their claims depend on state laws that don&rsquo;t apply at sea. Fishermen and other maritime workers generally want to work with maritime attorneys to seek recovery under the Jones Act or other maritime laws.</p>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Cavin and Marks</name>
				            </author>
            <title type="html"><![CDATA[Common shipboard injuries and how to recover from them]]></title>
            <link rel="alternate" type="text/html" href="https://www.sealawyer.com/blog/2020/04/common-shipboard-injuries-and-how-to-recover-from-them/" />
            <id>https://www.sealawyer.com/?p=46115</id>
            <updated>2022-09-14T08:14:19Z</updated>
            <published>2020-04-02T05:00:00Z</published>
					<taxo:topics><![CDATA[Maritime Law]]></taxo:topics>
            <summary type="html"><![CDATA[Commercial shipping is among the world’s most dangerous industries. Even though humans have sailed for thousands of years, we have not yet tamed the sea, nor rid our ships of all possible hazards. That means you want to stay mindful of the dangers that surround you. You work to make a living, and you can’t allow injuries to interrupt your…]]></summary>
			                <content type="html" xml:base="https://www.sealawyer.com/blog/2020/04/common-shipboard-injuries-and-how-to-recover-from-them/"><![CDATA[<p>Commercial shipping is among the world&rsquo;s most dangerous industries. Even though humans have sailed for thousands of years, we have not yet tamed the sea, nor rid our ships of all possible hazards.</p><p>That means you want to stay mindful of the dangers that surround you. You work to make a living, and you can&rsquo;t allow injuries to interrupt your income. But you can reduce the chances of any such interruption by learning the most common causes of shipboard injuries and by learning your options for recovery.</p> <p><strong>5 common causes of shipboard injuries</strong></p><p>You can avoid most injuries by being careful. You receive safety training for a reason. But accidents still happen. Some of the most <a href="https://www.marineinsight.com/marine-safety/7-common-types-accidents-ships-deck/" target="_blank" rel="noopener noreferrer" data-wpel-link="external">shipboard injuries</a> include:</p><ul><li><strong>Falls.</strong> Wet decks, stairs and catwalks can become slippery. Ship owners need to provide adequate grating, signage and training. You should have proper harnesses for any work you do at dangerous heights.</li><li><strong>Chemical exposure.</strong> Commercial vessels transport a wide range of materials, and many of them can be harmful. Additionally, the chemicals used to clean ships can also be highly caustic, and older ships often contain asbestos, a known carcinogen.</li><li><strong>Electrocution.</strong> Electricity and water don&rsquo;t mix, but there are plenty of reasons you may need to use electrical equipment on deck. Any frayed wire or bad connection could lead to a serious burn.</li><li><strong>Crushing.</strong> As Marine Insight notes, crane and lift accidents are an all-too-common part of the shipping industry. No one wants a load to fall onto them or slam into them. Only properly trained and qualified crew should operate cranes and lifts.</li><li><strong>Bad tools.</strong> Many tools used aboard ships, such as jet-chisels and pneumatic wire brushes, can be dangerous. You can do your part to avoid injury by using the right tools and wearing appropriate clothing. But you might still get hurt if the tool&rsquo;s faulty. Burns and cuts are common results.</li></ul><p>You already want to do everything you can to stay safe. Now that you know these common causes of shipboard injuries, you can do even more&mdash;by avoiding situations where accidents are more likely.</p><p><strong>What if you can</strong><strong>&rsquo;</strong><strong>t avoid an accident?</strong></p><p>State laws may not apply when you&rsquo;re out at sea. That means most sailors&rsquo; claims aren&rsquo;t covered by workers&rsquo; compensation, but <a href="/admiralty-maritime-law-overview/" data-wpel-link="internal">by maritime law</a>. And most of your key protections stem from the Jones Act, which requires <a href="https://injury.findlaw.com/workers-compensation/the-jones-act-and-merchant-marines.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">your employer to provide a safe workspace</a>.</p><p>Claims made under the Jones Act work something like personal injury claims but have slightly different standards of proof. They also rely on different laws, which makes it important for injured seamen to work with attorneys seasoned in maritime cases.</p>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Cavin and Marks</name>
				            </author>
            <title type="html"><![CDATA[6 mistakes to avoid after you are injured at sea]]></title>
            <link rel="alternate" type="text/html" href="https://www.sealawyer.com/blog/2020/03/6-mistakes-to-avoid-after-you-are-injured-at-sea/" />
            <id>https://www.sealawyer.com/?p=45995</id>
            <updated>2025-02-03T21:12:05Z</updated>
            <published>2020-03-20T13:16:41Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[When you work in a maritime industry, you are surrounded by workplace hazards. As a result, you likely received safety training to help you avoid workplace accidents. But accidents can happen despite our best intentions. This makes it a good idea to also learn how to act in case of an injury. The Jones Act may be the most well-known…]]></summary>
			                <content type="html" xml:base="https://www.sealawyer.com/blog/2020/03/6-mistakes-to-avoid-after-you-are-injured-at-sea/"><![CDATA[When you work in a maritime industry, you are surrounded by workplace hazards. As a result, you likely received safety training to help you avoid workplace accidents. But accidents can happen despite our best intentions. This makes it a good idea to also learn how to act in case of an injury.

The Jones Act may be <a href="https://injury.findlaw.com/workers-compensation/the-jones-act-and-merchant-marines.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external">the most well-known of the nation's maritime laws</a>, but it's not the only one. Maritime cases may draw upon any of a variety of laws, meaning it's easy for injured workers to be confused or make mistakes. So, here are six common mistakes to avoid if you are injured at sea or during other maritime work.
<h2>Failing to report your accident</h2>
You need to report your accident to your supervisor. However, you should make sure the report is complete before you sign and submit it. Also, you should not let your employer pressure you into agreeing the accident was your fault. This is a common trick that can hurt your chances for full recovery.
<h2>Failing to file</h2>
If your health insurance picks up a good chunk of the bill, you might not think to file. But that decision could cost you the lost wages and other compensation your employer may owe you. Additionally, your case comes with deadlines, so if you don't file before you hit the deadlines, you may never get another chance.
<h2>Not getting a second opinion</h2>
Your vessel's doctor or a company physician may examine you and present you with a diagnosis. But it's important to remember that these people are company employees. While they may want to help you recover, their reports may also minimize your injuries. This could lower your employer's liability-and your potential compensation. It's generally a good idea to get a second opinion from a doctor with no ties to your employer.
<h2>Trusting your memory</h2>
Everyone's memory gets fuzzy as time passes. But you want a good record of the facts. This means you want to document as much as possible. How you got hurt. What was going on around you. Any instructions someone gave you. When you met with doctors. What they said. These specifics can make your claim stronger.
<h2>Returning to work too early</h2>
If you return to work before you've adequately recovered, you risk hurting yourself again. Additionally, you may hurt your case. Your employer may use your quick return as evidence the damages weren't so bad as you claimed-even if you have a doctor's statement that says otherwise.
<h2>Accepting a lowball insurance offer</h2>
Employers and insurance companies often move quickly after maritime accidents. They want to catch workers while they're still unsure about the values of their claims and then offer as little as they can. It's often best to explore the value of your claim before you sign a settlement agreement.
<h2>A bad settlement can hurt nearly as much as the injury</h2>
The federal government understands that the maritime industry is dangerous. That's why it has laws to support and protect you.

If you're injured at work, you deserve the full support and protection these laws offer. That means finding the help you need, avoiding these common mistakes and getting the recovery you deserve.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Cavin and Marks</name>
				            </author>
            <title type="html"><![CDATA[How should crew deal with outbreaks at sea?]]></title>
            <link rel="alternate" type="text/html" href="https://www.sealawyer.com/blog/2020/03/how-should-crew-deal-with-outbreaks-at-sea/" />
            <id>https://www.sealawyer.com/?p=46118</id>
            <updated>2022-09-14T08:14:28Z</updated>
            <published>2020-03-04T06:00:00Z</published>
					<taxo:topics><![CDATA[Maritime Law]]></taxo:topics>
            <summary type="html"><![CDATA[Though it originated in China, the coronavirus outbreak has now become a global problem. Quarantines in China, Singapore, South Korea, Russia, Australia and elsewhere have dramatically impacted the shipping industry. Ports have refused to let tanker crews transfer off their ships. And a handful of passengers have spread the virus to hundreds of others aboard several cruise ships. What can…]]></summary>
			                <content type="html" xml:base="https://www.sealawyer.com/blog/2020/03/how-should-crew-deal-with-outbreaks-at-sea/"><![CDATA[Though it originated in China, the coronavirus outbreak has now become a global problem.

Quarantines in China, Singapore, South Korea, Russia, Australia and elsewhere have dramatically <a href="https://www.marineinsight.com/shipping-news/seafarers-facing-unprecedented-challenges-due-to-coronavirus-outbreak/" target="_blank" rel="noopener noreferrer" data-wpel-link="external">impacted the shipping industry</a>. Ports have refused to let tanker crews transfer off their ships. And a handful of passengers have spread the virus to hundreds of others aboard several cruise ships.

What can seamen like you do when you are exposed to viruses like COVID-19 while doing your duties?

<strong>Prevention tips</strong>

The Centers for Disease Control and Prevention (CDC) offer several actions you and your crew mates can take to limit the spread of disease:
<ul>
 	<li>Limit your interactions with sick people</li>
 	<li>Limit the amount sick people interact with others</li>
 	<li>Keep your distance from sick people - 6 feet or more</li>
 	<li>Keep your hands away from your eyes, nose and mouth</li>
 	<li>Wash your hands regularly, soaping them thoroughly</li>
 	<li>Ask sick people to wear masks to cover their nose and mouth, or consider wearing a mask yourself</li>
</ul>
These actions may help limit the transmission of a virus like COVID-19. That is important because it is not always possible to quarantine people.

Passengers still need to eat meals. Crew still need to perform their duties. And <a href="https://www.buzzfeednews.com/article/danvergano/cruise-ships-quarantine-botched" target="_blank" rel="noopener noreferrer" data-wpel-link="external">the air filters aboard many ships are unable to stop viruses</a> like the coronavirus. On the Diamond Princess, for example, 621 passengers contracted the disease despite a ship-wide quarantine.

<strong>Three paths to recovery</strong>

Despite your best efforts, you still might become sick. If you do become ill while serving aboard a vessel, you may be able to pursue one of three different paths to recovery:

· If your employer's negligence led to your infection, such as through an ill-considered quarantine, you may have a case through the Jones Act

· In some cases - although not likely in the case of a coronavirus outbreak - you may be able to show that your ship's unseaworthiness caused your disease or illness

· Under maritime common law, your employer may be obligated to pay some of the living and medical expenses tied to your illness

An attorney with experience in <a href="/admiralty-maritime-law-overview/" data-wpel-link="internal">maritime law</a> can help you understand which, if any, of these options might apply.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Offices of Cavin and Marks</name>
				            </author>
            <title type="html"><![CDATA[Ergonomic injury risks for commercial fishermen]]></title>
            <link rel="alternate" type="text/html" href="https://www.sealawyer.com/blog/2018/10/ergonomic-injury-risks-for-commercial-fishermen/" />
            <id>https://www.sealawyer.com/?p=46120</id>
            <updated>2022-09-14T08:14:33Z</updated>
            <published>2018-10-02T05:00:00Z</published>
					<taxo:topics><![CDATA[Fishing Vessel Injuries]]></taxo:topics>
            <summary type="html"><![CDATA[As a California resident who makes your living working on a commercial fishing vessel, you probably understand all too well just how dangerous your job is. While spending the day on unpredictable coastal waters presents numerous dangers, many of the injuries faced by commercial fisherman develop over time, much in the same way they do for professionals who spend long…]]></summary>
			                <content type="html" xml:base="https://www.sealawyer.com/blog/2018/10/ergonomic-injury-risks-for-commercial-fishermen/"><![CDATA[<p>As a California resident who makes your living working on a commercial fishing vessel, you probably understand all too well just how dangerous your job is. While spending the day on unpredictable coastal waters presents numerous dangers, many of the injuries faced by commercial fisherman develop over time, much in the same way they do for professionals who spend long days working on computers or otherwise performing repetitive tasks. At the Law Offices of [nap_names id="FIRM-NAME-3"] Jr. &amp; Associates, we have seen just how common ergonomic injuries are among those who make their living at sea, and we have helped many people suffering from these and other work-related injuries pursue solutions that meet their needs.</p><p>Per the Occupational Health and Safety Administration, the repetitive actions associated with fishing, hauling in catches and performing related tasks can place a serious strain on your neck, back, shoulders and other body parts. While maintaining proper workplace ergonomics can help mitigate your risk of suffering <a href="https://www.osha.gov/dte/grant_materials/fy12/sh-23641-12/PocketGuideEng.pdf" target="_blank" rel="noopener noreferrer" data-wpel-link="external">repetitive strain injuries</a>, back stresses and similar problems, the nature of your job as a commercial fishing professional exposes you, nonetheless, to these types of injuries.</p> <p>Because of your profession, you face a heightened risk, when compared with other professionals, of injuring your back or spine. In addition to having to often work in snug environments and close quarters, you may, too, spend longer-than-typical hours standing or hunching over, which can cause serious injuries to develop over time.</p><p>As a commercial fisherman, you also run the risk of developing an ergonomic injury to your shoulders or elbows. &ldquo;<a href="/admiralty-maritime-law-overview/injured-aboard-a-fishing-vessel/" data-wpel-link="internal">Tennis elbow</a>,&rdquo; for example, is a well-known term for an ergonomic injury common among those in your profession. You can find out more about maritime and fishing vessel injuries by visiting our webpage.</p>]]></content>
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