It’s that time of year again. The holidays are over and you’re going back to work on a factory trawler up in Alaska for “A-Season.” Whether you’re a returning crew member or a greenhorn, it’s important that you have a clear understanding of your legal rights before going up to…
Maintenance is a daily stipend intended to cover the room-and-board expenses of a maritime worker injured in the service of a vessel, including seafood processing and deckhands on factory trawlers owned by American Seafoods Company. An injured worker is entitled to maintenance payments until the worker reaches maximum medical improvement…
If you have been injured while working on a vessel, you may wonder if you can get your maintenance rate increased from what is set forth in your employment contact. The short answer is “yes” in many circumstances. For example, what if your employer’s contract set forth a maintenance rate…
On May 24, 2016, a federal court in Seattle rejected American Seafoods Company’s attempts to limit the maintenance rate to the $30 per day set forth in the employment contract. American Seafoods took the position that it would not pay our client more than the $30 per day set forth…
Maintenance and cure has been recognized in the United States courts dating back to 1823 when it was determined by the court that seamen by nature of their profession are particularly prone to injury and illness and are often ill-equipped to handle the expense of such. If while in service…
On March 1, 2016, a Snohomish County Superior Court Judge found that the ferry system had wrongfully denied payment of maintenance and ordered the Washington State Ferry system to pay 275 days of back maintenance to an injured ferry worker represented by Kraft Davies Olsson PLLC. In holding in favor…
IN ADMIRALTY FINDINGS OF FACT AND CONCLUSIONS OF LAW RE EVIDENTIARY HEARING ON MAINTENANCE AND CURE This matter came on for an evidentiary hearing, before the Court, sitting without a jury, on May 14, 2015. Plaintiff Jeffrey A. Hedges (Hedges) was represented by Robert M. Kraft, Richard J. Davies and…
In an order dated May 22, 2015, a Seattle federal court judge issued a ruling requiring Arctic Storm, Inc. to pay back maintenance payments to two fish processors injured on May 20, 2013 when a fire broke out on board the C/P ARCTIC STORM and also held that the processors’…
Does a vessel owner have an obligation to promptly furnish maintenance and cure to a seaman injured in the service of the vessel? The short answer is yes and the maritime law prohibits vessel owners from creating artificial roadblocks to slow the administration of these maritime benefits. “The adequate protection…
In order to qualify for coverage under the Jones Act and other general maritime law remedies, a seaman must be in the service of the vessel at the time of the injury or illness. Whether a seaman is in the service of the vessel, is a recurring issue in maritime…