Falling overboard while working in blue water—perhaps far, far beyond the territorial waters near shore—can be one of the most dangerous and traumatic kinds of accidents that a maritime worker can experience. In these open-sea environments, rescue operations are more difficult, conditions are harsher and the risk of severe injury or death is higher.
Thankfully, when such accidents occur, injured seamen and their families have important rights under federal maritime law to seek compensation for their losses.
Managing the aftermath of an overboard accident
The Jones Act is one of the primary legal protections available to maritime workers. It allows seamen injured through the negligence of their employer or crewmates to pursue financial damages known as maintenance and cure. If a fall overboard results from unsafe working conditions, poor equipment maintenance, inadequate training or lack of proper safety gear, an employer can potentially be held liable. For example, a missing safety line, slick deck or failure to follow man-overboard procedures may all constitute actionable negligence under the Jones Act.
In addition to negligence claims, the concept of unseaworthiness under general maritime law may apply to an overboard situation. Vessel owners have a duty to ensure that their ships are seaworthy—meaning reasonably fit for their intended use. A vessel that lacks proper safety equipment, has faulty railings or employs an untrained crew can be considered unseaworthy. Workers injured because of these conditions may recover compensation even if their employer did not act with specific intent to cause harm.
For those who survive a fall overboard, recovery can be lengthy and costly, and some victims may be unable to return to sea. In cases involving fatalities, the families of maritime workers may pursue wrongful death claims under the Death on the High Seas Act (DOHSA).
Employers and insurance companies often try to minimize payouts by arguing that an affected worker’s own actions caused the accident. Having a skilled legal team on a worker’s side can make a big difference when it comes to countering these claims and gathering evidence that demonstrates negligence or unseaworthiness.
Falling overboard is almost always a preventable tragedy, and no seaman should face the aftermath of this traumatic situation alone. And they don’t have to. By asserting their rights under maritime law with the assistance of legal professionals, injured workers and their families can work to secure the compensation they deserve and push for safer practices across the industry.