| Every job has its share of risks. Some are greater than others. It’s safe to say that the risks faced by commercial seamen and commercial fishermen are greater than those in other jobs. When you look at the work environment on commercial vessels, it’s not surprising. Going to sea isn’t a nine to five job…shifts run twelve hours or longer. I get tons of phone calls and e-mails from all over the United States…from chief engineers, captains, deckhands, commercial fishermen…and once I’m done answering their questions, most of them confide that they wouldn’t want their children to follow in their footsteps. It’s no wonder that such an environment can result in fatigue, sleeplessness, stress, and accidents. We can plaster every bulkhead with safety signs that read, “Act Safely”…“Think Safety”…“Be Safe”. We can employ safety training and accident prevention programs. I think these are all good things and we should continue with them. But sometimes, accidents do happen…despite the training…despite the caution. People have lapses of attention, or they’re pressured to do too many things at once, or they daydream. Sometimes a crew member will be intimidated into carrying out a dangerous order against his or her better judgment…or they may be reluctant to request safety equipment because the suggestion would be scoffed at. Whatever the case, in any maritime accident, one must know WHAT TO DO. It’s important to PREVENT accidents…but it’s also important to know WHAT TO DO if an accident does happen. With this in mind, let’s think about the things you should do if you’re involved in an accident. ▪ The first thing you should do is determine if you need first aid or other medical attention. THIS COMES FIRST. If you need either, GET IT FAST! If the vessel has a medical officer, see them. ▪ Report the accident to the senior watch officer or captain. Ask for an accident or incident report to be filled out and request a copy of the report. Document the vessel name, date, time, watch, location, vessel departure port, vessel arrival port, description of the accident, description of injuries, names of other personnel on watch with you, names of witnesses (including passengers, if applicable). Take down contact information for these people. Try to include a home address or post office box, telephone and e-mail. If your ship docks two days later, it may be impossible to contact them again. ▪ Document the dialogue, if applicable, that preceded the accident. Were you ordered to do something? Did you issue an order? Write down what it was that was said. If exposure to a hazardous substance is involved, write down the name of the substance and your symptoms after exposure. Did you feel lightheaded, dizzy, nauseous, faint…did you experience difficulty breathing? ▪ After you’ve attended to your medical needs and made an initial report of what happened, take photographs of visible signs of injury, such as lacerations, punctures, stitches, black and blue marks, swollen ankles or wrists or other joints…or ask a friend to do so. ▪ Take photographs of the equipment or defective condition that caused the injuries, including the surrounding area. If you’re artistically inclined, a sketch could be valuable for future reference. ▪ You’ll be asked to sign a copy of the accident report. You should sign the report…after reading it and being satisfied that it describes the accident correctly with adequate detail, without unfairly prejudicing your rights. ▪ Do NOT sign anything that says “waiver” or “release”, or contains any language making you forfeit your rights to bring a claim or lawsuit. Do NOT sign anything you do not understand. Forms used in a vessel’s standard operating procedures should be drafted so that anyone can understand them…if that’s not the case, something is wrong. ▪ Do NOT sign anything in which you admit to liability. Aside from the issue of prejudicing your rights in a Jones Act action, you may expose yourself to criminal liability. It’s no secret that the maritime industry has undergone change...in ways that have hurt the dignity, safety, and financial security of commercial seamen…officers and rates alike. Keep in mind that many violations that would have been treated as civil offenses, with only monetary fines, now impose jail sentences and license suspensions or revocations. Proceed with caution! ▪ Seek necessary follow-up medical attention from an impartial doctor on shore. Note the word IMPARTIAL…meaning a doctor who is not obligated to act with loyalty towards any particular interest…be it the vessel, the insurance company, or other entity. ▪ Keep a file on what happened. You may return the work and forget about the whole thing…showing the papers to your grandchildren thirty years from now at a Thanksgiving dinner. Or you may feel that returning to work jeopardizes your health or aggravates your injury. You may need to file for maintenance and cure…or you may feel your situation merits a legal action to make you whole for your injuries and damages. Whatever the situation, you will be in a better position to protect your rights if you followed these instructions. Good luck…and BE SAFE! Tim Akpinar Contact Information: Telephone: E-mail: Street Address: Mailing Address: Website: © 2006 by Tim Akpinar - All Rights Reserved The contents of this website may not be copied or transmitted without the prior written consent of Tim Akpinar Back to Top Back to Maritime Law Back to Commercial Vessels |
(718) 224-9824
t.akpinar@verizon.net
250-02 Northern Blvd - Suite 200
Little Neck, New York 11363
P.O. Box 620766
Little Neck, New York 11362
www.mycounsel.us
t.akpinar@verizon.net
250-02 Northern Blvd - Suite 200
Little Neck, New York 11363
P.O. Box 620766
Little Neck, New York 11362
www.mycounsel.us
| What to do in a Jones Act Injury-What to do If You Are Injured at Sea Jones Act Injury - What Should You Do? Information and Legal Resources for an Injury at Sea - Offshore and Inland |
On small fishing vessels, it’s easy to
lose your balance on rolling and pitching
decks in rough seas, negotiating your
way around trawl rigging and slippery
patches of fish scales and hydraulic oil.
On ocean going ships, the food and
accommodations can be superior to
small vessels...but long periods away
from family can be stressful, as well as
accountability for expensive machinery,
valuable cargo, and protecting your
hard-earned license. On inland waters
and rivers, life aboard towboats,
tugboats, pushboats and riverboats is
also mentally and physically tough.
Trying to steal some sleep before the
next twelve hour stint can be a
challenge…as daylight leaks into your
cabin, a 3,000 horsepower diesel runs
non-stop twenty feet from your pillow,
and people open and close doors in the
passageway outside.
lose your balance on rolling and pitching
decks in rough seas, negotiating your
way around trawl rigging and slippery
patches of fish scales and hydraulic oil.
On ocean going ships, the food and
accommodations can be superior to
small vessels...but long periods away
from family can be stressful, as well as
accountability for expensive machinery,
valuable cargo, and protecting your
hard-earned license. On inland waters
and rivers, life aboard towboats,
tugboats, pushboats and riverboats is
also mentally and physically tough.
Trying to steal some sleep before the
next twelve hour stint can be a
challenge…as daylight leaks into your
cabin, a 3,000 horsepower diesel runs
non-stop twenty feet from your pillow,
and people open and close doors in the
passageway outside.
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Material Data Safety Sheets
Not every type of injury will be
a sprained ankle or broken
finger...the symptoms of
certain types of injuries won't
even manifest themselves
until the person is ashore. For
instance, if an injury involves
exposure to chemical fumes
during the venting of a tank,
one should learn what it was
that in that tank. Try to get a
MSDS (material safety data
sheet). An MSDS may be up to
ten pages long and contain
valuable information about a
product. A good MSDS should
contain the following
information:
▪Product Name
▪Company Identification
▪24 Hour Emergency Numbers
▪Physical Properties
▪Chemical Properties
▪Product Components
▪Engineering Controls
▪Occupational Exposure Limits
▪Physical Description
▪Immediate Health Effects
▪Delayed Health Effects
▪First - Aid Measures
▪Fire Fighting Measures
▪Handling & Storage Info
▪Exposure Controls
▪Personal Protection
Measures
▪Stability & Reactivity
▪Toxicological Information
▪Ecological Information
▪Transporting Info
▪Disposal Considerations
▪Regulatory Information
Material safety data sheets
can be a life saver. If you were
exposed to a chemical
substance, there is another
good reason for obtaining an
MSDS. You can furnish your
physician with a copy. If you
experience things like
respiratory capacity loss,
shortness of breath,
dizziness, loss of balance or
other longer term symptoms
following a severe exposure,
the information will be
valuable to the physician. After
all, you can't expect a doctor to
be a walking encyclopedia of
toxicological information. The
information you provide can
help the doctor look in the
right direction to make the
necessary diagnosis for
rehabilitation and recovery.
Not every type of injury will be
a sprained ankle or broken
finger...the symptoms of
certain types of injuries won't
even manifest themselves
until the person is ashore. For
instance, if an injury involves
exposure to chemical fumes
during the venting of a tank,
one should learn what it was
that in that tank. Try to get a
MSDS (material safety data
sheet). An MSDS may be up to
ten pages long and contain
valuable information about a
product. A good MSDS should
contain the following
information:
▪Product Name
▪Company Identification
▪24 Hour Emergency Numbers
▪Physical Properties
▪Chemical Properties
▪Product Components
▪Engineering Controls
▪Occupational Exposure Limits
▪Physical Description
▪Immediate Health Effects
▪Delayed Health Effects
▪First - Aid Measures
▪Fire Fighting Measures
▪Handling & Storage Info
▪Exposure Controls
▪Personal Protection
Measures
▪Stability & Reactivity
▪Toxicological Information
▪Ecological Information
▪Transporting Info
▪Disposal Considerations
▪Regulatory Information
Material safety data sheets
can be a life saver. If you were
exposed to a chemical
substance, there is another
good reason for obtaining an
MSDS. You can furnish your
physician with a copy. If you
experience things like
respiratory capacity loss,
shortness of breath,
dizziness, loss of balance or
other longer term symptoms
following a severe exposure,
the information will be
valuable to the physician. After
all, you can't expect a doctor to
be a walking encyclopedia of
toxicological information. The
information you provide can
help the doctor look in the
right direction to make the
necessary diagnosis for
rehabilitation and recovery.
Maintenance & Cure
"Cure" may become an
important issue if you are
injured. If you've been to the
article Maritime Law and
Commercial Fishing, you
could read maintenance and
cure. Maintenance is the
money intended to cover the
living expenses of a seaman.
It is an embarrassingly low
figure...around the order of
$12 or $14 per day in some
cases. It would impossible to
live anywhere but out of the
back of a station wagon on
that kind of money.
But "Cure", the money for
medical treatment until a
person reaches maximum
medical improvement...that
can be very important. An MRI
for the cervical or lumbar
spine costs close to
$1,000...and that's using the
workers' compensation fee
schedule. When hospitals or
diagnostic imaging centers
apply private rates, they can
be even more expensive.
That's why cure is an important
element of an injured seaman's
economic damages...medical
expenses today can be
astronomical. But keep in mind
that cure won't be paid until a
seaman thinks he or she feels
better. It will be paid until a
medical consultant hired by the
insurance company makes a
determination if continuing
treatment will be necessary.
"Cure" may become an
important issue if you are
injured. If you've been to the
article Maritime Law and
Commercial Fishing, you
could read maintenance and
cure. Maintenance is the
money intended to cover the
living expenses of a seaman.
It is an embarrassingly low
figure...around the order of
$12 or $14 per day in some
cases. It would impossible to
live anywhere but out of the
back of a station wagon on
that kind of money.
But "Cure", the money for
medical treatment until a
person reaches maximum
medical improvement...that
can be very important. An MRI
for the cervical or lumbar
spine costs close to
$1,000...and that's using the
workers' compensation fee
schedule. When hospitals or
diagnostic imaging centers
apply private rates, they can
be even more expensive.
That's why cure is an important
element of an injured seaman's
economic damages...medical
expenses today can be
astronomical. But keep in mind
that cure won't be paid until a
seaman thinks he or she feels
better. It will be paid until a
medical consultant hired by the
insurance company makes a
determination if continuing
treatment will be necessary.