When Seaman Fatigue Leads to Maritime Accidents

When Seaman Fatigue Leads to Maritime Accidents
Mary Aderholt March 11, 2021 https://goodmenproject.com/everyday-life-2/when-seaman-fatigue-leads-to-...

This content is for informational purposes only and is not intended to provide legal advice.

Maritime accidents can be incredibly serious, due to all the hard work demanded of seamen, the scale of the equipment, and the unpredictability of the sea. Fortunately, there are clear provisions in United States federal law that protect sailors who have been injured working on a ship. There are some clear next steps if you have been injured while traversing any body of water.

The Risks of Seaman Fatigue

Modern marine vessels are some of the most impressive and expensive pieces of machinery that humans have developed. And they are considered heavy machinery. You wouldn’t operate a sewing machine or drive a car for more than thirteen hours without any sleep, but that is often what working conditions can be like for the seamen who crew massive, dangerous ships.

The work culture on many ships with live-in seamen promotes long, consecutive hours of work that requires a high level of focus. Ships often have fluid crew assignments or work shifts that can require seamen to alternate day and night shifts, or even pull double shifts to make sure everything stays operational.

At the end of long hours, is when one of the trickiest parts of a voyage take place. Port calls, where ships load and unload cargo while docked, can be rushed and critical to the ship’s goals. It doesn’t help that fatigued seamen have to steer the ship through the most congested traffic at the same time. A mistake out on the open ocean is one thing, but a poorly done turn at a port can cause massive collisions with other vessels.
Why Are Offshore Accidents Different?

Classified as “offshore accidents,” dangerous events occurring on watercraft in the ocean carry their own set of trials. Both the treatment and legal handling of offshore injuries can differ from injuries on dry land. Special federal laws are in place to protect injured sailors, like the Jones Act. That said if you suffered any injuries while on the waterway, an offshore injury lawyer can help with your case.

Medical Treatment for Seamen

Ships with more than a certain number of passengers and voyage length are required to have a doctor on board. However, medical care at sea, especially on smaller ships, can prove difficult. In most cases, patients are kept stable until the next port and then sent to an actual medical facility. In the grimmest of cases, seamen need to be taken by emergency helicopter to the closest hospital. This can be risky and incredibly expensive.
The Jones Act

Maritime commerce is regulated through the 1920 Merchant Marine Act, which includes the often-cited Jones Act. Legislators wrote the Jones Act as a means to protect sailors. The Jones Act includes additional rights for sailors like the ability to seek damages from the captain or owner of a ship if they’ve been injured while serving on the ship.

The Jones Act covers seamen who work on a variety of vessels, including ships, barges, and fishing boats. It also outlines that employers of seamen need to provide a reasonably safe working environment.
First Steps After an Injury

If you haven’t yet reported your injury to the ship’s captain or your supervisor, this needs to be your first step. Insurance companies don’t like any delay between an incident and a report being filed. To them, if it took days to report, an accident doesn’t seem that serious. The Jones Act requires an injured sailor to make their claim within seven days after the event.

It is key to follow all medical advice from your doctor and not miss appointments. Any deviation from the plan might give an insurance company the opening to minimize the seriousness of your injury. The astronomical expense of helicopter medevac services makes hiring a lawyer the smartest move. Settlements over $10,000 are often thoroughly investigated by insurance companies so they can try to deny coverage.

Report, record, and reach out to a professional who deals with offshore injury law.