Your Jones Act, Death On The High Seas and Maritime Injury Attorneys

Rights of Merchant Mariners

Working as a merchant mariner on the water is strenuous and dangerous. Whether working in the deck department, the engine department, the steward department of a ship or as a processor, the risk of serious injury and death is always present. If you have suffered an injury while working on any sort of boat, you are entitled to claim compensation for your injuries, pain and suffering and your lost wages, both past and future. These claims are made under the Jones Act (46 U.S.C. §30104) claiming negligence, and under the General Maritime Law, claiming unseaworthy conditions of the vessel or its crew. Payment of these damages comes at the end of the successful case.

Injured or sick employees who are Not Fit For [sea] Duty (“NFFD”)  are entitled to three types of “upfront” compensation. Seafarers and commercial fishers, who have been injured or become sick while employed usually are entitled to maintenance and cure, sometimes to unearned wages.

1. “Maintenance” refers to money paid for temporary disability. This compensation is calculated daily and usually is paid regularly until the crewman or crewwoman can return to work (“RTW”) somewhere.

2. “Cure” is the health care that the employer must pay  until a mariner is Fit For [sea] Duty (“FFD”) or becomes permanently not fit to return to sea (“PNFFD”). Cure includes doctor visits, therapy, testing, medication and transportation to the health care providers.

3. “Unearned Wages” is an additional form of maintenance to which professional mariners may be entitled depending upon the terms ship’s Articles or employment contract.

Rights of Death at Sea Claimants

The Death on the High Seas Act (46. U.S.C., §30301; et seq.) commonly known as “DOSHA,” controls damage claims for wrongful death of non-seafarers (passengers, recreational boaters, self-employed mariners and similar) occurring outside of United States’ territorial waters. Such persons’ deaths occurring inside territorial waters can be processed under a state’s wrongful death remedy statute or the general maritime law.  Merchant Mariner death claims always are controlled by the Jones Act (46 U.S.C. §30104). Questions of who is allowed to sue, what sort of damages can be claimed and whether there is a right to a jury trial greatly varies depending upon which of these laws apply. For instance, suits for merchant mariner deaths have a right to jury. Not so, for DOSHA death actions unless such claim is brought together with another claim having the right to a jury trial.

For over 48 years, Berschler Associates has successfully obtained justice for “blue water” and “brown water” seafarers and non-seafarers alike. Our depth of experience has been acknowledged by lawyers and insurance companies throughout the United States and underwriters worldwide. Attorneys without experience in admiralty and maritime law regularly refer cases to our firm.

Berschler Associates has represented members of the following labor unions:

• American Maritime Officers (AMO)

• Inland Boatmen’s Union (IBU)

• Marine Engineers’ Beneficial Association (MEBA), District 1

• Marine Firemen’s Union

• The International Organization of Masters, Mates and Pilots (MM&P)

• Sailors’ Union of the Pacific (SUP)

• Seafarers International Union (SIU)

If you have suffered any kind of injury or illness while working at sea, you need an Admiralty and maritime law specialist to get the best advice and results.

We offer contingency fees (no attorney fees upfront) in these claims.