The owners of the Deepwater Horizon Oil Rig, Transocean Ltd, have filed a Petition For Limitation of Liability in the United States District Court for the Southern District of Texas.

Commercial fishing is certainly dangerous, but many of Washington and Oregon’s worst maritime disasters have involved salmon charter boat fishing accidents.

Given the Supreme Court of the United States’ holding in Miles v. Apex Marine, 498 U.S. 19 (1990), the time has come for the Primary Duty defense to be beached and buried.

It is no secret that working aboard vessels at sea involves the risk of serious physical injury and even death. Traditional maritime law did not allow sailors and their families to pursue negligence claims against employers in the event of injury. Claims for injured seaman were historically limited to medical expenses, nursing services, and wages until the end of the vessel's voyage.

This past June, the US Supreme Court issued its opinion in Atlantic Sounding Co. v. Townsend, a maritime law case that required the Court to decide whether injured seamen are entitled to punitive damages when their employers willfully fail to provide them with maintenance and cure. In a 5-4 decision, the majority ruled that punitive damages may be awarded when the vessel's owner willfully withholds the required payments for maintenance and cure.

The Jones Act provides coverage to seamen who work aboard vessels. Most employees aboard ships, tugs, fishing boats, barges, and dredges will be Jones Act seamen. To be a seaman, you must be more or less permanently connected to the vessel that is in navigation, and your work must contribute to the mission of the vessel.

The Jones Act applies to almost all vessels in navigation or capable of navigation. The Supreme Court of the United States has issued an opinion defining vessels.

The Jones Act provides benefits to seamen who are injured or killed through the negligence of their employers. To be covered by the Jones Act a worker must be in the services of the vessel, and his employer’s negligence must cause the injury or death.

Federal maritime law governs benefits to injured seamen. The Jones Act together with the General Maritime Law, provides compensation coverage for injured seamen.

If you have been injured at sea, you have different rights than someone who suffered a shoreside personal injury. That's one reason why it's important to be represented by an attorney who is familiar with the Jones Act and maritime law and will advocate for you to get the maximum amount of financial compensation you are entitled to receive.

A Seaman's Injuries Affect the Whole Family