Brodsky Micklow Bull & Weiss LLPBrodsky Micklow Bull & Weiss LLP2026-06-29T20:05:32Zhttps://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[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.]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[Fatal hazards on commercial fishing boats]]>https://www.maritimetriallawyers.com/?p=484322026-05-06T19:11:24Z2026-05-06T19:11:24ZWorkers aboard commercial fishing vessels off the Pacific coastline face dangers that many of their counterparts in warmer waters do not. Perhaps the deadliest hazard aboard most West Coast vessels is the water temperature.It is fairly common for fishing crew members to wind up in the waters off the Pacific Coast and Alaska while performing their duties. Whether they survive being swept overboard and get rescued can depend on factors discussed below.
The colder the water, the more lethal the plunge
Water temperatures below 77℉ induce an initial cold shock response. After the initial cold-water immersion, overboard victims audibly gasp upon entering the water. This initial shock is soon eclipsed by pulmonary ventilation similar to hyperventilation. The increase can be four times the initial rate, often causing spasms in the small muscles.Survivors report decreased abilities to hold their breath when underwater or getting slammed by big waves. Even when rescues are successful, and victims spend roughly three minutes in cold water, they can still develop fatal problems with blood pressure and rising heart rates.
Being pulled from water doesn’t guarantee survival
A rapid crew rescue remains an important variable when determining cold water rescue survival rates. But much depends on the overboard crewmember’s overall health status. Those suffering from chronic illnesses or other problems may be more likely than healthier individuals to succumb to their cold-water immersion injuries.
Why you may need help getting justice
Fishing crew members are a hardy lot. They often prefer to manage on their own without ever seeking assistance with their issues. But because injuries from submersion in cold waters can induce conditions that affect cognition and awareness, this is not the time to go it alone.Reaching out to learn more about seeking justice for your injuries is a good path forward for those struggling after being injured on a fishing vessel.]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[The impact of weather conditions on maritime worker safety]]>https://www.maritimetriallawyers.com/?p=484302026-04-21T09:53:06Z2026-04-21T09:53:06ZWeather-driven hazards affecting maritime operations in California
As you move along the coast, hazards build and interact with each other. Dense fog limits your sight and hides nearby traffic, which cuts reaction time and raises collision risk. At the same time, heavy rain weakens visual cues and sometimes disrupts radar readings.
As wind speed rises, it pushes your vessel off course and increases wave height, which adds strain to steering and deck work. Because of this, rough seas affect balance and timing, especially during docking or when passing through narrow channels. Safe operation depends on steady speed and a constant lookout as conditions change.
Preparation measures addressing sudden weather shifts at sea
Before you leave port, you set the tone for safer travel, and you continue adjusting as conditions change. Effective response relies on awareness, timing and coordination, including the following:
Monitoring forecasts: Frequent review of marine updates to track shifts in wind, visibility and swell
Adjusting vessel speed: Speed reduction in low visibility or unstable water conditions to maintain control
Using navigation systems: Continuous use of radar, GPS and AIS when visual range becomes limited
Maintaining crew communication: Clear and steady updates between stations during changing conditions
Securing onboard equipment: Proper fastening of gear to reduce movement during rough seas
These actions support steady control and align with general navigation standards used in coastal waters.
Weather conditions shaping liability in maritime incidents
Weather sets the backdrop, but what happens during those conditions often becomes the focus after an incident. When a collision, fall or onboard injury occurs, investigators and insurers tend to examine vessel speed, lookout decisions and crew response during fog, rain or high winds. Maritime claims often turn on whether those actions matched the conditions at that time, especially under standards applied in cases involving crew injuries or vessel incidents.]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[3 dangers of lifting heavy equipment on maritime vessels]]>https://www.maritimetriallawyers.com/?p=484282026-04-20T16:57:15Z2026-04-20T16:57:15ZMechanical failure and inadequate equipment
Vessel owners must maintain ships that are reasonably fit for their intended use to keep seamen safe. When a hydraulic winch fails or a crane cannot handle a specific load, the situation often forces you to rely on manual labor to keep the operation moving. This creates an immediate risk of acute muscle tears or spinal fractures.
If a vessel owner provides faulty equipment or fails to maintain lifting gear necessary for a specific task, federal law may classify the ship as unseaworthy. The law requires proper assistance when a worker cannot safely perform a task by hand.
The physical toll of repetitive heavy lifting at sea
The motion of the ocean adds a layer of danger that land-based workers never face. Lifting a heavy crate or a net full of fish while the deck shifts beneath you puts uneven pressure on your joints.
Over time, this repetitive stress leads to chronic conditions that can end a career for even the most experienced fishermen. Current as of April 2026, the cost of long-term rehabilitation for back and shoulder injuries continues to rise, making it vital to address these pains before they become permanent disabilities.
Vessel owner duties and comparative negligence
Owners and operators have a legal obligation to provide a sufficient crew to perform heavy lifting. When a crew is shorthanded, the pressure to lift beyond your capacity increases. However, maritime law also considers whether a worker contributed to their own injury by ignoring established safety protocols.
While the responsibility for maintaining a seaworthy vessel rests with the company, your total compensation can be reduced if you are found partially at fault. Navigating these claims requires a clear understanding of both company negligence and your own adherence to safety standards.
Protect your future after a lifting injury
Many maritime workers believe that a back injury is just an unavoidable part of the job. You should realize that a vessel lacking the tools or manpower to move cargo safely may be in violation of maritime standards.
Understanding the difference between a common workplace accident and a legal claim for unseaworthiness is the first step toward protecting your livelihood. If you find yourself unable to return to the docks, you might benefit from discussing the specific details of your incident with a maritime attorney.]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[The impact of fatigue on maritime workplace safety]]>https://www.maritimetriallawyers.com/?p=484272026-04-20T16:29:11Z2026-04-20T16:29:11ZCommon risks of exhaustion for California seamen
Maritime labor is physically demanding and requires constant alertness. When you do not get enough rest, your reaction time slows down significantly. This delay makes you more prone to crushing injuries, falls, or mistakes with heavy machinery. Fatigue affects your judgment just as much as alcohol or drugs.
Legal standards require vessel owners to maintain adequate manning levels to prevent overwork. If an owner fails to staff a ship properly, it may render the vessel unseaworthy under general maritime law. This failure allows you to seek compensatory damages for your medical bills, lost wages, and pain. These legal protections are current as of April 2026.
How fatigue leads to serious vessel accidents
Exhaustion does not just impact individual workers; it puts the entire ship at risk. A tired navigator or deckhand can miss critical signals or fail to notice changes in the weather. In busy areas like the Port of Long Beach or the Port of Oakland, a single mistake can lead to a collision or a grounding.
Most accidents on the water are preventable. While federal regulations set strict rest hour limits for many merchant mariners, even fishing vessel owners who are exempt from specific "watch" limits must still provide a reasonably safe environment. If your employer forced you to work until you were no longer safe, they may be liable for negligence under the Jones Act.
Protect your career after a fatigue-related injury
Your ability to work is your greatest asset in the maritime industry. An injury caused by exhaustion can end a high-paying career in an instant.
You should keep a personal log of your work hours and sleep schedules if you feel a company is pushing you too hard. This documentation serves as vital evidence if you must hold a negligent employer accountable for the harm they caused. Speaking with a lawyer who understands the daily realities of life on a commercial vessel can help you determine your next steps.]]>On Behalf of Brodsky Micklow Bull & Weiss LLP<![CDATA[Compensation for maritime amputation injuries]]>https://www.maritimetriallawyers.com/?p=484262026-04-17T12:31:23Z2026-04-17T12:31:23ZMedical experts note that amputation injuries are often life-changing events. Many amputation injuries create permanent disabilities. In some cases, people may have to deal with conditions like phantom limb syndrome, which can lead to long-term pain and discomfort, going far beyond the initial injury.These injuries are especially problematic for those working in physical trades like the maritime industry. An amputation injury could mean that it is no longer possible for a person to work in their chosen career. Even if they can continue working, they may need to take a new job based on the disability. They have also incurred significant medical bills and endured pain and suffering after the traumatic event. For all these reasons, injured workers need to know what legal options they have.
How could these amputation injuries take place?
In physical industries, there are often a variety of ways that an amputation injury could occur.For example, a worker could have their hand trapped between the dock and a vessel as it comes into port. An employee who is working on loading cargo containers on a ship could have their fingers caught between the containers as they are moved into position. Employees often have to work around conveyor belts and other types of heavy equipment, which could lead to crush injuries or pinching injuries.Furthermore, maritime workers have to contend with anchor chains, dock lines and many other types of ropes or cables. Any time these get wrapped around an extremity, there is the potential for an amputation injury.
Exploring your legal options
If you have suffered an amputation injury in the maritime industry, you likely have many questions about who is liable to cover your costs and how it is going to affect your future. It can help to work with an experienced attorney as you look into your legal options.]]>