The Port of Brownsville is home to commercial vessels, tugboats, barges, shipyards, cargo terminals, offshore-support operations, and ship-recycling facilities. The seamen, longshoremen, ship-repair workers, and other maritime employees who keep these operations moving frequently work around open hatches, wet decks, steep ladders, heavy equipment, and elevated work areas.
When a vessel owner or maritime employer fails to provide a reasonably safe place to work, a worker can suffer a devastating fall. Gilman & Allison, LLP represents maritime workers injured aboard vessels in Brownsville, Port Isabel, South Padre Island, the Brownsville Ship Channel, and throughout the Lower Rio Grande Valley.
Depending on the worker’s status and the circumstances of the accident, compensation may be available under the Jones Act, the Longshore and Harbor Workers’ Compensation Act, or the general maritime law.
Maritime Work at the Port of Brownsville
The Port of Brownsville is the only deepwater seaport located directly on the United States–Mexico border. A 17-mile ship channel connects the port to the Gulf of Mexico, supporting domestic and international maritime trade.
The port and surrounding area support operations involving:
- Cargo and breakbulk vessels;
- Tankers;
- Tugboats and barges;
- Offshore-support vessels;
- Shipbuilding and ship-repair facilities;
- Ship-recycling operations;
- Commercial fishing vessels;
- Dredges;
- Heavy project cargo;
- Steel and metal products;
- Wind-energy components; and
- Industrial and energy-related cargo.
Workers may board these vessels to navigate, load or discharge cargo, perform repairs, inspect equipment, handle lines, maintain machinery, clean tanks, recycle ships, or provide terminal and offshore support. Each operation presents distinct fall hazards.
Common Causes of Vessel Falls in Brownsville
Commercial vessels are demanding industrial workplaces. Steel decks may become dangerously slippery, vessel movement can affect a worker’s balance, and ordinary access routes may include narrow passageways or steep vertical ladders.
Common causes of shipboard falls include:
- Open or unguarded hatches;
- Wet, oily, or chemically contaminated decks;
- Defective gangways and accommodation ladders;
- Missing guardrails or safety chains;
- Inadequate lighting;
- Worn or missing nonskid surfaces;
- Uneven or damaged deck plating;
- Defective ladders, steps, and handrails;
- Unsecured hoses, cables, tools, and equipment;
- Unmarked elevation changes;
- Improperly stored cargo;
- Unsafe scaffolding or temporary platforms;
- Inadequate fall protection;
- Vessel movement during boarding or cargo operations; and
- Insufficient training or supervision.
Heat, fatigue, wind, rain, nighttime operations, vessel motion, and pressure to complete work quickly can increase the danger. Maritime employers and vessel owners should account for the conditions under which workers actually perform their duties.
Open-Hatch and Cargo-Hold Accidents
Open hatches can expose workers to severe and sometimes fatal falls. A seaman or longshore worker may fall into a cargo hold, machinery space, tank, void, or lower deck when an opening is not properly covered, guarded, illuminated, or marked.
An investigation should determine:
- Who opened the hatch;
- Why the hatch was left open;
- How long it remained open;
- Whether a cover, guardrail, or safety chain was available;
- Whether warnings were provided;
- Whether the opening was adequately illuminated;
- Who controlled the surrounding work area;
- Whether the vessel had written hatch-safety procedures;
- Whether those procedures were followed; and
- Whether similar hazards or accidents had previously been reported.
The responsible party may attempt to close the hatch, install a barrier, repair the lighting, or otherwise change the accident scene shortly after the fall. Prompt preservation of photographs, video, vessel records, and witness testimony can be critical.
Jones Act Claims for Injured Seamen
A qualifying seaman may bring a negligence claim against his or her employer under the Jones Act. Whether a worker qualifies as a seaman depends on the worker’s duties and connection to a vessel or identifiable fleet of vessels—not merely the worker’s job title.
Jones Act negligence in a vessel-fall case may include:
- Failing to inspect the vessel;
- Failing to clean slippery substances from the deck;
- Leaving a hatch unguarded;
- Providing inadequate lighting;
- Failing to maintain ladders, steps, or handrails;
- Providing defective equipment;
- Failing to warn the crew about a hazard;
- Requiring an unsafe method of work;
- Assigning too few workers to perform a task;
- Failing to provide necessary safety equipment; or
- Failing to train and supervise the crew.
An employer’s negligence does not have to be the only cause of the accident. Additionally, an allegation that the injured seaman was partially responsible does not automatically prevent recovery. Comparative fault may affect the amount recovered, but it does not necessarily eliminate the claim.
Unseaworthiness Claims After a Shipboard Fall
A seaman may also have an unseaworthiness claim against the vessel owner. Under the general maritime law, a vessel and its equipment must be reasonably fit for their intended purposes.
Potentially unseaworthy conditions may include:
- A missing or defective hatch cover;
- Inadequate guardrails or safety chains;
- Defective gangways;
- Unsafe ladders or access equipment;
- Insufficient deck lighting;
- Damaged or excessively slippery walking surfaces;
- Unsafe tools or equipment;
- An unsafe method of performing the assigned work; or
- An inadequate or improperly trained crew.
Jones Act negligence and unseaworthiness are separate legal claims with different requirements. Depending on the facts, an injured seaman may be entitled to pursue both.
Maintenance and Cure Benefits
A seaman who becomes injured or ill while in the service of a vessel may be entitled to maintenance and cure without proving that the employer caused the condition.
Maintenance generally helps pay for the seaman’s reasonable food and lodging expenses while recovering ashore. Cure covers reasonable and necessary medical treatment until the seaman reaches maximum medical improvement. Unearned wages may also be available through the end of the voyage or agreed employment period.
These benefits are separate from damages recoverable through Jones Act negligence and unseaworthiness claims.
Longshore and Shipyard Worker Fall Claims
Not every maritime worker at the Port of Brownsville qualifies as a Jones Act seaman. Longshoremen, shipbuilders, ship-repair workers, ship-recycling employees, and other harbor workers may instead be covered by the Longshore and Harbor Workers’ Compensation Act.
An eligible worker may receive medical and disability benefits from the employer. In appropriate circumstances, the worker may also bring a negligence claim against a vessel under 33 U.S.C. § 905(b).
A vessel-negligence claim may arise when:
- A dangerous condition existed when the vessel was turned over for work;
- The vessel failed to warn about a hidden hazard it knew or should have known about;
- The vessel retained active control over the area or operation;
- The vessel’s crew created the dangerous condition; or
- The vessel failed to intervene after learning that workers faced a serious hazard.
The identity of the party that controlled the work area is often important. The vessel owner, shipyard, terminal operator, contractor, and worker’s employer may have different responsibilities.
Falls During Ship-Repair and Ship-Recycling Operations
Brownsville’s shipyard and ship-recycling work can expose employees to hazards that differ from those encountered aboard an operating vessel. Workers may perform demolition, cutting, welding, equipment removal, tank cleaning, scaffolding work, and structural repairs aboard vessels that are partially dismantled or undergoing extensive modifications.
Fall hazards may include:
- Removed decks or bulkheads;
- Temporary openings;
- Incomplete railings;
- Unsecured ladders;
- Improvised walkways;
- Defective scaffolding;
- Poorly illuminated compartments;
- Open tanks and voids;
- Loose metal and debris;
- Damaged deck plating; and
- Inadequate personal fall-arrest systems.
Whether a worker has a Jones Act claim, LHWCA claim, vessel-negligence action, or another remedy requires a careful analysis of the worker’s duties, employer, vessel status, and accident location.
Gangway and Vessel-Access Accidents
Gangways and accommodation ladders provide the connection between a vessel and the dock. A worker may be seriously injured when this equipment is improperly positioned, inadequately secured, damaged, poorly illuminated, or unsuitable for changing tides and vessel movement.
A gangway investigation should consider:
- Who owned and installed the equipment;
- Whether safety nets and handrails were provided;
- Whether the gangway was properly secured;
- Whether tides or vessel movement affected its angle;
- Whether the walking surface provided adequate traction;
- Whether inspections were performed; and
- Whether workers previously reported problems.
Control over the means of vessel access can affect which party is legally responsible.
Evidence to Preserve After a Brownsville Vessel Accident
Vessels may leave the Brownsville Ship Channel and travel to another state or country shortly after an accident. Crew members may disperse, surveillance footage may be overwritten, and the physical condition may be repaired.
Important evidence may include:
- Photographs and videos of the accident scene;
- Vessel surveillance footage;
- Official, deck, and engine-room logs;
- Accident and near-miss reports;
- Safety-management-system procedures;
- Job-safety analyses;
- Toolbox-talk and safety-meeting records;
- Inspection and maintenance records;
- Work orders;
- Crew assignments and schedules;
- Training records;
- Witness statements;
- Vessel plans and diagrams;
- Prior complaints or similar accidents;
- Weather and waterway information; and
- Emails or messages concerning the operation.
An injured worker should report the accident accurately and obtain necessary medical care. The worker should not guess about unknown facts or sign an incomplete or inaccurate statement.
Compensation Available After a Maritime Fall
Depending on the applicable law, an injured maritime worker may be entitled to compensation for:
- Past and future medical expenses;
- Lost wages;
- Loss of future earning capacity;
- Physical pain;
- Mental anguish;
- Physical impairment;
- Disfigurement;
- Maintenance and cure; and
- Wrongful-death or survival damages.
The available recovery depends on the worker’s status, the responsible parties, the vessel, the accident location, and the governing maritime law.
Contact Port of Brownsville Maritime Injury Lawyers
Maritime injury claims can involve several employers, contractors, vessel owners, and insurance companies. Determining whether a worker is a Jones Act seaman, LHWCA employee, or another type of maritime worker is an important first step.
Gilman & Allison, LLP represents seamen, longshore workers, ship-repair employees, and other maritime personnel injured in Brownsville, Port Isabel, South Padre Island, the Brownsville Ship Channel, and the surrounding Gulf Coast.
If you were injured in a fall aboard a ship, tanker, tugboat, barge, offshore vessel, or commercial fishing vessel, contact Gilman & Allison at (713) 224-6622 for a free consultation or visit www.gilmanallison.com.
This article provides general information and does not constitute legal advice. Every maritime claim depends on its particular facts and applicable law.