Maritime Accidents Articles

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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 reach maximum medical improvement (MMI). But that raises a question:…

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Maintenance & Cure: Three Tiers of Potential Damages

The payment of maintenance and cure benefits for injured seaman are supposed to be “virtually automatic.” These claims are protections afforded to mariners in recognition of the perils of seafaring life. Maintenance benefits provide for a seaman’s basic living expenses; cure for their reasonable and necessary medical treatment; and both are intended to provide basic…

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Oil & Gas Worker Fatality Rate Seven Times Higher than Other Industries

Oil & Gas Worker Fatality Rate Seven Times Higher than Other Industries According to the United States Center for Disease Control and Prevention (“CDC”), the fatality rate for United States oil and gas extraction workers, both onshore and offshore, has in recent years averaged more than seven times higher than the rate for other workers….

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Maintenance, Cure and Unearned Wages: The Ancient Protections for Seamen

Since at least 1823, our courts have recognized that the perils of seafaring life necessitate unique protections for mariners. Consequently, under general maritime law and the Jones Act, any injured seaman is entitled to maintenance, cure, and unearned wages for injuries incurred in the course of their service to their ship. These payments are “virtually…

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Reassignment and Jones Act Seaman Status

Because of the special protections and remedies afforded to injured seaman under the Jones Act, one of the most important issues in a maritime claim is determining Seaman status. Ordinarily, to qualify as a seaman under the Jones Act, a maritime employee must spend a significant amount of time working as a crewmember of a…

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Perfect Storms: Oil Rig Workers Face Back to Back Airlift Evacuations from Gulf Platforms with Coronavirus Outbreak and Tropical Storm Cristobal

Hit by the twin storms of the ongoing pandemic as well as Tropical Storm Cristobal, offshore workers face continuing airlift evacuations under already dangerous working conditions. On May 27, 2020, nine Shell employees were evacuated from an offshore oil rig in the Gulf of Mexico after several workers tested positive for coronavirus. According to the…

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