Brodsky Micklow Bull & Weiss LLPBrodsky Micklow Bull & Weiss LLP2026-08-17T18:25:47Zhttps://www.maritimetriallawyers.com/feed/atom/WordPress/wp-content/uploads/sites/1602238/2021/02/cropped-site-icon-BMBW-32x32.pngOn Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[Lost future earnings for commercial divers]]>https://www.maritimetriallawyers.com/?p=484492026-08-17T18:25:47Z2026-08-17T18:25:47ZWorking as a commercial diver can be a very lucrative career choice. This is a specialized industry, as not many people have the skills, training and certification to work as professional divers. It is also a relatively high-risk industry, so those who can routinely provide these types of services are in high demand.
As a result, the Bureau of Labor Statistics indicates that some commercial divers make over $100,000 a year. For this reason, those who are injured on the job may need to look into their options to seek workers’ comp benefits, which could include accounting for lost future earnings.
Disability benefits
With traditional personal injury lawsuits, an injured party can often sue the negligent party who caused those injuries for lost future earnings or reduced earning capacity. But workers’ compensation benefits work a bit differently.To start with, a diver who has suffered a permanent injury, such as a traumatic brain injury, may start by seeking compensation for lost earnings, medical bills and other necessary damages. With workers’ comp, proving fault and negligence is not necessary. Someone who was injured while working as an employee deserves this compensation.When that injury is permanent, however, the workers’ comp claim may also address disability benefits. Someone with a TBI may never be able to return to a career where they were earning over $100,000 a year. So they need to consider both the short-term and long-term impact on their earnings.These are very complex cases with a lot of money at stake, so it can help to work with an experienced maritime injury attorney.]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[Common causes of anchor handling injuries at sea]]>https://www.maritimetriallawyers.com/?p=484462026-08-07T15:41:19Z2026-08-07T15:41:19ZAnchor handling is one of the most demanding operations performed aboard offshore vessels. Heavy equipment, moving chains and changing sea conditions create a work environment where even a brief lapse in judgment can result in a serious injury.
Many incidents are preventable when proper planning, training and supervision are in place. Understanding the causes of anchor handling injuries can also help crews recognize hazards before they lead to accidents.
Inadequate training and supervision
Crew members unfamiliar with anchor handling equipment or procedures may not recognize important hazards. Even experienced seafarers can face increased risks when working with unfamiliar tools or vessel-specific systems without sufficient instruction.New personnel often require closer oversight while learning deck operations. Without active supervision, unsafe techniques or incorrect equipment handling may go unnoticed until an injury occurs.
Poor risk assessment
A risk assessment completed before a project begins may not address changing conditions or the arrival of new crew members. Reviewing hazards before each task helps ensure that everyone understands the specific risks involved in the operation.
Incorrect handling techniques
Anchor handling equipment often contains components that must be used in a particular way. Using excessive force, striking equipment incorrectly or placing hands near pinch points can increase the likelihood of crush injuries, fractures and other serious harm.
Failure to seek assistance
Some incidents occur because a crew member continues with a task despite uncertainty about the correct procedure. Asking questions or requesting assistance before continuing can prevent avoidable injuries, particularly during complex deck operations.Safe anchor handling depends on more than personal experience. Effective communication, continuous supervision and ongoing safety reviews all play an important role in reducing the likelihood of injuries during offshore operations. Employers also benefit from reviewing incidents to identify improvements in training and work practices before similar events occur again.If you suffered an injury during an offshore anchor handling operation, understanding what contributed to the incident may be important. Questions involving vessel safety procedures, crew training and operational practices may become relevant under maritime personal injury law. If you believe unsafe conditions contributed to your injury, seek legal guidance to better understand your rights and available options.]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[When emergency evacuation systems fail on offshore platforms]]>https://www.maritimetriallawyers.com/?p=484432026-07-31T10:46:45Z2026-07-31T10:46:45ZFederal law requires working evacuation gear
Platform operators working on the outer continental shelf must follow strict safety standards under the Outer Continental Shelf Lands Act and regulations at 30 CFR 250 Subpart I, which cover platform and structure safety requirements enforced by the Bureau of Safety and Environmental Enforcement. Coast Guard regulations apply concurrently to certain equipment. These rules require regular inspections, maintenance logs, and crew drills for all evacuation systems including lifeboats, life rafts, davits, emergency beacons, and communication equipment.
When operators skip inspections or ignore gear defects, they create life-threatening risks. Common failures include corroded davit release mechanisms, expired life raft certifications, and dead radio batteries. Courts recognize that broken evacuation systems during an emergency can support negligence claims against the platform owner or contractor.
Workers have legal protections after evacuation failures
If you suffer injuries because evacuation gear failed during an offshore emergency, you may have rights under the Jones Act or general maritime law. The Jones Act covers workers who qualify as seamen. Courts have used 30% of work time spent in service of a vessel as a general guideline, but qualification depends on the totality of the circumstances and the nature of the vessel or structure involved. Fixed platforms are generally not considered vessels under maritime law, while mobile offshore drilling units may qualify.
Workers who do not meet seaman status may have coverage under the Longshore and Harbor Workers' Compensation Act, which OCSLA extends to workers on the outer continental shelf. These federal protections cover offshore oil and gas workers who face unsafe conditions due to employer negligence and can include medical costs, lost wages, and damages for pain and suffering.
Employers cannot retaliate against workers who report safety violations or file injury claims. Federal whistleblower protections shield workers who raise concerns about defective emergency systems before disasters occur.
Keep records right after an incident
Write down everything the moment you reach safety. Photograph damaged gear, note what failed and when, and get contact details from witnesses. Ask for copies of the platform's inspection logs, drill records, and maintenance reports through your supervisor or safety officer. Platform operators often conduct internal investigations quickly, and securing your own documentation early strengthens your legal position.
Know your options after a close call
Evacuation system failures put lives at risk and often signal deeper safety problems on a platform. If you work on offshore platforms, talking with a lawyer skilled in federal offshore injury law can help clarify your rights and the steps you can take to hold negligent operators accountable.
]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[Can AI and smart sensors make commercial fishing safer?]]>https://www.maritimetriallawyers.com/?p=484412026-07-02T15:42:03Z2026-07-16T15:38:58ZHow technology supports safer fishing operations
Commercial fishing vessels are beginning to use technology that helps crews recognize hazards before they become emergencies. Some examples include:
Detecting changing weather and nearby vessel traffic through AI-assisted navigation
Identifying mechanical problems before equipment fails with engine monitoring systems
Alerting crews when water enters the vessel through bilge and flooding sensors
Sending emergency notifications if a crew member goes overboard through wearable safety devices
Tracking signs of fatigue during long trips to help crews recognize when alertness may decline
Each of these technologies addresses risks to commercial fishing crews on the job. Earlier warnings can give crews more time to react when conditions change or equipment begins to fail.
Why safety still depends on employers
Technology can detect developing problems, but it cannot replace a company's responsibility to provide a safe workplace. Adding AI or smart sensors to a vessel is only one part of improving safety. Companies also need to build those tools into their existing safety programs so they support, rather than replace, established work practices.
Maritime accidents rarely result from a single cause. A warning system has little value if equipment goes without maintenance or if crews do not receive proper training on new technology. AI and smart sensors can help identify developing hazards, but companies remain responsible for acting on that information and making sure innovation strengthens, rather than weakens, workplace safety.
What this means for commercial fishing crews
As more companies invest in AI and smart sensors, you will likely encounter these technologies during vessel upgrades or aboard newer vessels joining the fleet. Knowing what these tools can and cannot do can give you a clearer picture of how commercial fishing safety continues to evolve.
New technology will continue to play a larger role on commercial fishing vessels, but it cannot stand on its own. Companies will still need to make sure these tools support existing safety practices and that crews know how to use them effectively. When innovation becomes part of a broader commitment to workplace safety, commercial fishing crews are better positioned to benefit from these advances.]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[3 catastrophic injuries commonly caused by going overboard]]>https://www.maritimetriallawyers.com/?p=484422026-07-10T01:03:10Z2026-07-10T01:03:10Z1. Brain injuries
Depending on the circumstances, there are two main ways in which a fall overboard could injure the brain of a maritime professional. If the fall is from a substantial height, the force of impact can cause a blunt-force trauma brain injury. Professionals are also at risk of brain injuries developing due to a lack of oxygen in near-drowning incident.
2. Serious fractures
A fall off a large vessel can be serious enough to cause major traumatic injuries. Broken bones can interfere in a professional's ability to return to work for weeks. If the bone breaks into many small pieces or the damaged bone tears through the surrounding tissue, the damage caused could force the maritime professional to change careers.
3. Spinal cord injuries
Professionals who strike the water at the wrong angle when they fall could sustain spinal cord injuries. Trauma caused by getting tangled in ropes or nets can also cause injuries to the neck, back and spinal cord. Spinal cord injuries vary in severity, but they can cause issues ranging from lifetime motor function deficits to total paralysis.
Seeking compensation for medical expenses and lost wages can be more difficult for maritime professionals than for those who work on land. Retaining the assistance of a maritime injury lawyer can help those hurt on the open ocean take the steps necessary to recoup their losses.]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[Injuries caused by defective equipment on fishing vessels]]>https://www.maritimetriallawyers.com/?p=484392026-06-29T20:05:32Z2026-06-29T20:05:32ZFor many individuals in the fishing industry, working on a commercial vessel means relying on heavy equipment every day. When that equipment begins to fail, even an experienced crew member can suffer a serious injury in seconds.
Many fishermen are used to handling problems on their own and getting back to work as quickly as possible. However, when defective equipment causes an injury, it is important to understand that the situation may involve more than just bad luck.
When equipment failures lead to serious injuries
Commercial fishing vessels depend on equipment such as winches, hydraulic haulers and other machinery to keep operations moving safely. According to the National Institute for Occupational Safety and Health (NIOSH), contact with gear, equipment and machinery is the leading cause of fatalities in the commercial fishing industry, accounting for approximately 40% of all deaths. High-tension lines and cables running through hydraulic haulers and winches can also cause devastating contact injuries, including amputations and fatal accidents, if equipment fails or something goes wrong.The physical demands of commercial fishing also increase the risk of injury. Pulling in heavy lines and hauling gear for long hours places significant strain on the body, making sprains, strains and tears common. NIOSH research on Alaska fisheries found that many nonfatal injuries occurred while hauling gear, with fishermen frequently suffering lacerations, fractures and other serious injuries. When defective or poorly maintained equipment contributes to these incidents, the consequences can be even more severe.After an accident, many fishermen focus on recovering and getting back to work instead of asking questions about what caused the injury. Unfortunately, some are met with delayed medical care, denied benefits or uncertainty about who is responsible for the defective equipment. Determining whether the vessel owner, equipment manufacturer or another party may be liable often requires a thorough investigation. Having someone protect your interests early on can help preserve evidence and make it easier to pursue the compensation you may be entitled to.If you were injured by defective equipment while working aboard a commercial fishing vessel and are struggling to get answers, speaking with an experienced legal professional may help you understand your options. The right guidance can make it easier to focus on your recovery while someone works to protect your rights and your future. ]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[Poor communication on deck can lead to seamen injuries]]>https://www.maritimetriallawyers.com/?p=484382026-06-16T15:53:15Z2026-06-16T15:53:15ZSeamen who work on the deck of a ship face serious hazards, some of which can be mitigated through proper communication. Deck work depends on being able to see what’s going on, timing actions properly and having clear instructions.
When communication breaks down, vessel operations can become dangerous quickly. Cargo, line, and hatch handling require multiple people to work together in a specific sequence. Crane work, mooring and moving equipment around also require teamwork. Hazards sometimes occur in the midst of doing these jobs, so the seaman who notices it needs to be able to tell their shipmates.
Challenges in communication on deck
Decks are busy and noisy places, particularly on commercial vessels. Deckhands are often separated by machinery, cargo, distance and blocked lines of sight. This makes hand signals or visual cues ineffective on the deck. Because of this, having open lines of verbal communication is critical, particularly when seamen can’t see each other. The United States Coast Guard warns that a lack of communication on a vessel can become deadly. For example, a crane operator can’t see someone who’s blocked behind cargo, so they may not see the person signaling that the cargo is at risk of falling. Safe communication requires more than just having communication equipment on the vessel. Radios should be provided directly to workers who are on deck, particularly if they’re working in cargo operations or when tasks require coordination between deckhands. Injured seamen also rely on communication to get the medical assistance they need. Those seamen may opt to seek compensation for the injuries they suffer on the vessel. These cases can be challenging, so it’s best to work with someone who’s familiar with maritime law.
]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[Was predicted inclement weather to blame for a maritime death?]]>https://www.maritimetriallawyers.com/?p=484372026-06-03T03:18:57Z2026-06-03T03:18:57ZCould other people recognize the risk?
Being out on the ocean during severe weather can lead to countless different issues, from vessels capsizing to workers getting swept overboard by large waves. The correlation between inclement weather and increased risk is well known.
Maritime businesses must make decisions that prioritize not just company profits but also worker safety. In scenarios where another reasonable person could recognize that the weather predicted during a maritime excursion could lead to deadly incidents, employers who refuse to delay or reschedule trips may be liable for tragedies that occurred.
When other reasonable people recognize specific hazards, the decision to ignore those risks can constitute negligence. Surviving family members impacted by a maritime tragedy may be able to request financial compensation based on the negligent decision to send a vessel out or the refusal to recall it despite the impending hazardous weather conditions.
Reviewing the circumstances that led to a maritime fatality can help families demand justice. The insight and support of a maritime lawyer can help people understand and assert their rights after an offshore tragedy.]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[How do you file a claim under the Longshore Act?]]>https://www.maritimetriallawyers.com/?p=484362026-05-22T07:46:10Z2026-05-22T07:46:10ZWhat qualifies you?
The LHWCA covers private-sector maritime workers injured on U.S. navigable waters or in areas that a company uses for loading, unloading, building or repairing vessels. In California, this often includes workers at major ports in Long Beach, Los Angeles, Oakland and San Francisco.
Coverage requires meeting two tests. The situs test looks at where the injury occurred, such as on navigable waters or a nearby area like a dock, terminal or shipyard. The status test focuses on what your job involves, specifically whether it qualifies as maritime work such as longshore operations, ship repair or shipbuilding.
Which benefits are included?
If you qualify, the LHWCA provides the following:
Medical care: Covers the full cost of treatment related to your workplace injury.
Temporary total disability: Pays two-thirds of your average weekly wage while you cannot work during recovery.
Temporary partial disability: Compensates at two-thirds of the difference between your pre- and post-injury earning capacity, for up to five years.
Permanent total disability: Pays two-thirds of your average weekly wage for as long as the disability continues.
Most benefit amounts are subject to annual maximum thresholds tied to the national average weekly wage, and total disability benefits are also subject to annual minimum thresholds.
When must you file a claim?
The first step involves notifying your employer of the injury in writing, typically within 30 days of the incident. If the disability did not develop immediately, the 30-day window begins when you knew or reasonably should have known that your injury was related to your employment.
After providing notice, you would submit Form LS-203 to the Office of Workers' Compensation Programs (OWCP) to formally open your case. The LHWCA generally requires this form within one year of the injury date or the last voluntary benefit payment, whichever comes later. You can submit the form electronically through the Department of Labor's SEAPortal or by mail.
Once the OWCP receives the notice, the employer's insurance carrier reviews it and determines whether to begin payments. If the injury kept you from working for more than three days, you would typically receive compensation on a semimonthly basis.
What if your case is denied?
A denied case does not necessarily close the door. If the insurance carrier disputes your claim, the OWCP can arrange an informal conference where an examiner reviews the facts and makes a written recommendation. This step does not produce a final decision, but it gives both sides a chance at resolution.
If the informal conference does not resolve the dispute, either side can request a formal hearing before an administrative law judge with the Office of Administrative Law Judges. They review evidence and testimony before issuing a binding decision. Further appeals may go to the Benefits Review Board and subsequently to the appropriate federal circuit court.]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[5 occupational hazards on offshore platforms]]>https://www.maritimetriallawyers.com/?p=484342026-05-20T13:28:54Z2026-05-20T13:28:54ZOffshore oil and gas platforms remain some of the most dangerous work environments in the country. Workers often perform physically demanding jobs around heavy machinery, volatile materials and changing weather conditions far from immediate medical assistance.
Although offshore companies operate under strict safety regulations, serious accidents still happen. Many maritime workers suffer injuries connected to equipment failures, unsafe conditions or hazards that develop during drilling, lifting and maintenance operations.
1. Falling equipment and lifting accidents
Offshore crews regularly work around suspended loads, cranes and vibrating drilling equipment. Heavy tools, pipes or machinery components may shift unexpectedly and strike workers nearby. Lifting operations also create crushing hazards when workers become trapped between moving equipment or unstable materials.
2. Fires and explosions
Oil and gas platforms handle highly flammable substances under intense pressure. A small spark, equipment malfunction or gas leak can quickly trigger a fire or explosion capable of causing catastrophic injuries. Workers may face burns, smoke inhalation injuries and dangerous evacuation conditions during these emergencies.
3. Structural instability and collapse risks
Offshore platforms endure constant exposure to waves, corrosion, high winds and severe storms. Over time, these conditions may weaken structural components and create instability throughout the platform. Workers may suffer serious injuries if walkways, support structures or platform sections fail unexpectedly during operations.
4. Hazardous chemical exposure
Offshore operations involve drilling fluids, hydrocarbons, solvents and other industrial chemicals that may create serious health risks. Workers exposed to toxic substances may develop respiratory problems, chemical burns or long-term medical complications. Improper ventilation, leaks or inadequate protective equipment may increase the risk of harmful exposure.
5. Dangerous weather and transportation conditions
Offshore workers often travel by helicopter or vessel in unpredictable weather conditions. Severe storms, rough seas and strong winds may create transportation dangers before workers even arrive at the platform. Weather conditions may also interfere with evacuation efforts and emergency response during offshore accidents.Offshore employers generally must follow strict workplace safety regulations designed to reduce preventable injuries. Even with these protections, serious accidents involving maritime workers continue to occur across the oil and gas industry. Seeking legal guidance may also help injured workers better understand potential compensation options after a workplace accident.]]>