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! © 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 |
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