Maritime Injury Law Blog

A housekeeper aboard a river boat casino and hotel has been ruled to be a Jones Act seaman by the Iowa Court of Appeals. The housekeeper fell on ice while taking trash out of the casino’s trash compacter. She sought workers compensation benefits under Iowa’s Workers Compensation Act. The Court held that because the floating river boat casino was capable of navigation, the housekeeper’s claim fell under Federal Maritime Law.

Relying upon the Supreme Court of the United States decision in Stewart v. Dutra Construction 543 U.S. 481 (2005), the Iowa Court found that the river boat casino “was capable of being used as a means of transportation upon water” and noted that the vessel need not be used primarily for that purpose. Although it was admitted that the river boat casino did not ply the waters of the Missouri River, there was no evidence that the river boat casino was not capable of being used as a vessel in navigation, and therefore had not lost its character as a vessel in navigation because it was not permanently moored. The river boat casino had a captain and mate and was capable of sailing within 90 minutes if it so chose. The fact that the vessel and the housekeeper did not regularly sail was not determinative of whether or not the floating casino was a “vessel in navigation.”

In most instances a crewman will receive greater benefits under the Jones Act than under State workers compensation acts. Seamen are entitled to maintenance and cure benefits, and where injured through negligence or unseaworthiness may obtain compensation for lost past and future wages, lost wage earning capacity, pain and suffering, and medical expenses.

If you have been injured and have questions about your rights to compensation as a Jones Act seaman, you should contact an experienced maritime injury lawyer. For more information about this river boat casino case, it is published at 2009 WL 2960406.

Posted by Beard Stacey & Jacobsen, LLP at 4:55 PM | Permalink

Seamen working on charter vessels, cruise ships, and excursion vessels frequently receive tips in addition to their salaries. When crewmen are injured or become ill in the service of their vessels, under the General Maritime Law they are entitled to receive unearned wages until the end of the voyage. The length of the voyage may be determined by contract, or where there is no contract by the length of the season or by verbal agreements.

Tips received by crewmen on many of these vessels constitute a large part of the crewman’s salary. Under maritime law, passenger tips to crewmen should be included in calculating unearned wages. This very issue was addressed by the 11th Circuit Court of Appeals in Flores v. Carnival Cruise 47 F.3d 1120 (1995). Although the Court applied maritime law to this issue, in deciding the case the Court noted that State Workers Compensation Acts routinely recognize tips as part of workers wages. The Court held that tips are wages and that the seaman’s right to unearned wages should include the full amount of money to be paid to a seaman during a voyage.

When a seaman is injured or becomes ill while working aboard a vessel, receiving his wages for the length of the voyage that he would have been on but for his injury or illness is an important basic benefit. The maritime lawyers at Beard Stacey & Jacobsen are dedicated to protecting seamen’s rights, and getting seamen full and fair compensation for their injuries.

Posted by Beard Stacey & Jacobsen, LLP at 2:01 PM | Permalink

On August 30, 2009, the Coast Guard reported that it received a call that the 47 foot fishing vessel DA OPAILOLO II was towing a pleasure craft when the tow line became caught in the propeller.

The DA OPAILOLO II rescued two people aboard the pleasure craft MY ESCAPE that had capsized. The two crewmembers were found clinging to the hull when they were taken aboard the DA OPAILOLO II. The DA OPAILOLO II only made it 12 miles before the tow line became tangled in the propeller. The Coast Guard patrol boat, AHI, towed the DA OPAILOLO II the remainder of the way and the partially submerged MY ESCAPE was abandoned.

Posted by Beard Stacey & Jacobsen, LLP at 2:26 PM | Permalink

The Coast Guard has reported that a capsized vessel has claimed the life of one fisherman near the Coronado Islands, Mexico. The unidentified 30 foot fishing vessel capsized with a crew of five individuals. Two of the crewmember swam to shore and the other two were picked up by Good Samaritan vessel CONNIE SEA.

The Coast Guard, Harbor Police, Life Guards, and the Mexican Navy all assisted in the search for the missing crewmember. Harbor Police divers discovered the body of the missing crewmember aboard the capsized vessel. The four rescued crewmembers were reported to be found in good condition.

The cause of the capsizing is under investigation.

Posted by Beard Stacey & Jacobsen, LLP at 2:24 PM | Permalink

On August 30, 2009, the Coast Guard reported that it received a distress call from the fishing vessel the DIANE LYNN II, a 65 foot dragger, when it began taking on water off the coast of Maine. The vessel was on its way to offload its catch when it began taking on water, however the dewatering pumps couldn’t keep up.

The Coast Guard arrived on scene approximately an hour later and helped secure the source of the flooding. The vessel was able to sail to the Harbor with a Coast Guard escort where it offloaded its catch before undergoing repairs.

Posted by Beard Stacey & Jacobsen, LLP at 11:11 AM | Permalink

The Coast Guard has reported that it has released its final report of the sinking of the passenger vessel the LADY D. The LADY D capsized in March, 2004, killing five people in the Patapsco River in Baltimore. The LADY D was a small pontoon water vessel.

The Coast Guard cites the master’s decision to depart the dock in an approaching visible squall line. The Coast Guard also states that the vessel capsized as a combination of several factors which created an overturning motion which the vessel could not recover.

Posted by Beard Stacey & Jacobsen, LLP at 11:05 AM | Permalink