Maintenance and cure can be DENIED if a crew-member misrepresents his physical condition on a pre-employment examination or questionnaire and subsequently becomes not fit for duty because of an injury or illness to the part of the body with regard to which there was a non-disclosed pre-existing hist …
READ MORESeamen are often fooled into thinking they do not have a claim because part of their injury is based on a pre-existing condition. Often times, the fact of the matter is that the seaman was able to work but because of an injury the pre-existing condition became aggravated and he became disabled. Su …
READ MOREThe Jones Act is a negligence statute that allows Jones Act lawyers to fight for the rights of injured or ill seamen. It also gives a seaman the right to expect a safe place to work. If a crewmember goes overboard because of the negligence of the employer or any of its employees, or the failure of …
READ MOREWe have been fielding numerous calls from cruise-goers concerned about Ebola. The general maritime law covers this situation, as it does any communicable disease. If the shipowner knows or should know, about any passenger who is exhibiting Ebola-like symptoms, a shipowner has the duty to investigate …
READ MOREMariners both professional and recreational are required by law to maintain proper “look-out.” This proposition begs the question, “what is a proper look-out?” International Navigation Rules of the Road, apply to all vessels upon the high seas and in all waters connected therewith navigable by seag …
READ MOREIn a very recent decision, Tandon v Captain’s Cove Marina of Bridgeport, Inc., 214 US App. LEXIS 9265 (2nd Cir. Con. May 19, 2014), the Second Circuit Court of Appeals applied the test for admiralty jurisdiction established by the US Supreme Court in Jerome B. Grubart v Great Lakes Dredge & Dock …
READ MOREThe U.S. Senate cleared for President Obama’s signature a $12.3 billion water-project/dredging bill that lawmakers said would boost dredging to accommodate bigger ships built to transit the Panama Canal. The measure passed 91-7, it is on track to become the first water infrastructure bill enacted si …
READ MOREThe US Coast Guard just released its 2013 Recreational Boating Statistics revealing that 560 boating fatalities occurred that year. While this represents the lowest number of boating fatalities on record, it is nevertheless a very sobering statistic. No pun intended, as alcohol continues to repres …
READ MOREIn the event of an injury, as a maritime worker, it is often confusing as to whether you are entitled to an injury claim for benefits under the Longshore and Harbor Workers’ Compensation Act, 33 USC §901, et seq., or monetary damages pursuant to the Jones Act, 46 USC §30104 and the General Admiralty …
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