Brodsky Micklow Bull & Weiss LLP Brodsky Micklow Bull & Weiss LLP 2026-09-29T16:41:27Z https://www.maritimetriallawyers.com/feed/atom/ WordPress /wp-content/uploads/sites/1602238/2021/02/cropped-site-icon-BMBW-32x32.png On Behalf of Brodsky Micklow Bull & Weiss LLP <![CDATA[Studies link maritime workers to lower back injuries]]> https://www.maritimetriallawyers.com/?p=48469 2026-09-29T16:41:27Z 2026-09-29T16:41:27Z There are many injury risks for professional fishermen and maritime workers. They have a very physically demanding job. They also work in remote locations and are exposed to the elements. One issue that some studies have found is that there is a high prevalence of lower back injuries in this industry. There are multiple reasons why lower back pain is often found among maritime workers, to varying degrees of severity.

Heavy physical work

First and foremost, the job can be very physical. Professional fishers have to operate fishing nets, pick up heavy items, handle chains and lines for the ship, and much more. Over time, this can take a toll. A one-time incident, such as overexerting oneself or slipping while straining under a heavy load, could cause a serious spinal cord injury.

The ship's movements

Additionally, some studies find that the movements of the ship can make lower back pain worse. Not only are people doing repetitive and challenging activities, but they are doing them in an unstable environment. Even in calm seas, the boat is constantly moving, meaning that workers are continually adjusting. This is more demanding for their spine and musculoskeletal system than working on land. On top of that, the shifting motion of their environment could cause an injury. A worker who is picking up a heavy load but then slips on a wet deck when a wave crashes into the side of the ship is at greater risk of suffering an injury. In a dry and stable environment, they may have been able to make the same lift without issue.

Addressing maritime injuries

Lower back injuries can lead to severe pain, time out of work and even the need for medical care. Those who have been injured on the job need to know what legal options they have.]]> On Behalf of Brodsky Micklow Bull & Weiss LLP <![CDATA[What is the borrowed employee doctrine in an offshore injury case?]]> https://www.maritimetriallawyers.com/?p=48456 2026-09-19T19:35:23Z 2026-09-19T19:35:23Z The borrowed employee doctrine shifts responsibility The borrowed employee doctrine (or “borrowed servant”) allows a court to treat a worker as the employee of the company that borrowed their services and controlled their work. This classification can not only determine which injury-related benefits the worker may receive but also whether the worker can bring a third-party personal injury claim for negligence against the borrowing company. For example, suppose a staffing contractor assigns a welder to work on an offshore platform operated by another company. The contractor hired the welder and issues their paychecks. However, the platform operator decides what the welder will do, provides the equipment and directs the worker throughout each shift. If the welder is injured, the platform operator may argue that the welder was its borrowed employee. While that means they would be responsible for the employee’s claim under the Longshore and Harbor Workers’ Compensation Act (LHWCA), they would be protected against a third-party injury claim that could be vastly more expensive. LHWCA, like standard workers’ compensation, is generally the oil rig worker’s exclusive remedy against their employer. Naturally, this can be a significant source of disputes if the injured employee feels the company was negligent and wants to sue in civil court. No single fact automatically determines whether someone is a borrowed employee, so the court has to examine the whole working situation in detail to make the call. Documents such as service contracts, work orders, safety policies and payroll records may be important. Testimony about who assigned tasks, supervised work and had authority on the site over the employee can also be telling. Offshore companies commonly use contractors, subcontractors and temporary personnel. As a result, the identity of an injured worker’s legal employer may be contested from the beginning of an LHWCA claim. An offshore injury attorney can evaluate the situation and determine which benefits and potential claims are possible for an injured worker.]]> On Behalf of Brodsky Micklow Bull & Weiss LLP <![CDATA[Can a seaman choose their own doctor after a maritime injury?]]> https://www.maritimetriallawyers.com/?p=48454 2026-09-18T12:32:54Z 2026-09-18T12:32:54Z Can you choose your treating doctor? You may receive treatment from a private doctor you choose rather than use only the private doctor your employer prefers. However, limits can apply to what your employer must pay for that care. A few points can help explain how that choice may affect your care:
  • Choosing your doctor: You may receive cure benefits for care from a private doctor you choose, subject to limits on what your employer must pay.
  • Covering medical costs: The company may dispute care that is not needed or costs much more than similar care from another qualified doctor.
  • Keeping useful records: Medical records, bills, work restrictions and payment messages can help you track your care and unpaid costs.
Your choice of doctor does not prevent your employer from seeking its own medical review. That can become another part of the process while you continue receiving care.

Can your employer ask for another medical exam?

Your employer may ask another doctor to examine you. The examination can help assess your condition and determine whether continued treatment is necessary. That doctor does not automatically take over your regular care. You generally do not have to prove that your employer caused the injury to receive maintenance and cure. Even so, the findings from that exam may affect whether your employer questions the need for further care.

When medical treatment becomes disputed

Choosing a doctor can become harder if your employer questions the care, its cost or whether you still need it. These disputes often depend on the specific facts surrounding your injury and medical care. Legal guidance can help you understand your employer’s duties and the options that may apply.]]> On Behalf of Brodsky Micklow Bull & Weiss LLP <![CDATA[3 dangerous stages during immersion in cold water]]> https://www.maritimetriallawyers.com/?p=48451 2026-09-05T03:40:20Z 2026-09-05T03:40:20Z When someone is immersed in cold water, such as an employee of a deep-sea fishing company who falls overboard in a storm, they are going to go through three critical stages. These can have a major impact on the type of injuries they suffer and whether or not it is a fatal event. It is very important never to underestimate extreme conditions at sea. The three crucial stages are as follows:

The first five minutes

For the first five minutes, one of the largest hazards the person faces is just the immediate shock. The cold shock response can cause them to gasp, which can make even a strong swimmer swallow water. When people pass away within this stage, it is often from drowning or perhaps the onset of a heart attack due to the sudden change.

The next 15 minutes

The next stage is when a person starts to lose their ability to swim or float, often because they have inhaled water or just from the sheer temperature of the water. As their physical abilities diminish, it can lead to drowning. This is why a quick response from those still on the boat is necessary.

The final 30 minutes

Finally, a person’s core body temperature begins to drop over the next 30 minutes, even if they have not inhaled water and are able to keep swimming. If they get to roughly 36.1°C, it can start to affect muscle tone, coordination and much more. This is when hypothermia can set in, a very dangerous condition, even if the person is retrieved from the water. Being suddenly immersed in cold water is one of the major hazards that people face when working in many maritime industries. Those who have suffered severe injuries or lost loved ones need to know what legal options they have after the accident.  ]]> On Behalf of Brodsky Micklow Bull & Weiss LLP <![CDATA[Lost future earnings for commercial divers]]> https://www.maritimetriallawyers.com/?p=48449 2026-08-17T18:25:47Z 2026-08-17T18:25:47Z Working 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=48446 2026-08-07T15:41:19Z 2026-08-07T15:41:19Z Anchor 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=48443 2026-07-31T10:46:45Z 2026-07-31T10:46:45Z Federal 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=48441 2026-07-02T15:42:03Z 2026-07-16T15:38:58Z How 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=48442 2026-07-10T01:03:10Z 2026-07-10T01:03:10Z 1. 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=48439 2026-06-29T20:05:32Z 2026-06-29T20:05:32Z For 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. ]]>