Admiralty and Maritime Injuries

Blake Brunkenhoefer is a second generation trial lawyer who has been named as one of the top maritime attorneys in the State of Texas (Texas Lawyer – "Go To Guide" 2007). He has handled all types of maritime personal injury cases, including those involving seamen, other offshore workers, longshoremen, and passengers. While many of these categories of offshore claimants are easy enough to understand or figure out, most questions concern what it takes to be a "seaman" and what legal rights and remedies are available to seafarers and non-seafarers alike.

Basically, a "seaman" is a worker who is assigned to a "vessel" (or fleet of vessels) and whose work contributes to the function of the vessel or the accomplishment of its mission. There are a variety of "vessels" aboard which seamen may be employed, including traditional vessels like cargo ships, offshore work boats, commercial fishing vessels, "special purpose" vessels, like mobile offshore drilling units (a/k/a, "jack up rigs"), semi-submersible drilling rigs, and barges.

As a general proposition, maritime cases are governed by special federal statutes and the "general maritime law" that are not generally known to most personal injury attorneys. For example, the "Jones Act" and the common law doctrine of "unseaworthiness" provide rights to seamen that are not available to other offshore workers, while the "Outer Continental Shelf Lands Act" governs injuries to non-seafaring, offshore workers like those working on fixed platforms outside state waters, and the Longshore & Harbor Workers Compensation Act addresses injuries suffered by dockworkers and many non-seafarer offshore workers. In addition, the "Public Vessels Act" provides the exclusive remedy for claims against vessels owned and operated by the United States government, while the "Suits in Admiralty Act" applies to situations in which the offending vessel is owned and/or operated by a private company for the use or benefit of the U. S. government.