Blog Post


MEXICAN FISHERMAN MAY BE ENTITLED TO COMPENSATION FOR INJURIES UNDER US MARITIME LAW

Posted by: James Beard
December 10, 2009
Topic: Interesting Information

The story of Gerardo Cruz Garcia's injury while working for Texas based Zimco Marine again raises interesting questions under United States maritime law. It comes as a surprise to many people that the Jones Act may apply to foreign seaman as well as to foreign flagged vessels. In Garcia's case he was reportedly an illegal alien that came to the United States to try to make a better living fishing in the Gulf of Mexico. He was working for a United States employer aboard a United States fishing vessel. Garcia suffered a head and scalp injury when he was struck by heavy equipment. It is highly probable that if injury claims were brought by Garcia, a United States Court will apply United States maritime law and the Jones Act to Garcia's case.

Under United States maritime law it is not a defense to a crewman's injury claim that he is not a citizen of the United States or that the crewman is illegally working in the United States. In most cases, a seaman, whatever their citizenship, are protected from negligent injury while working as a crewman aboard a United States fishing vessel. The Jones Act does not discriminate based upon the citizenship of the injured crewman. The alien citizenship of a crewman does not shield an otherwise responsible employer or vessel from paying compensation if United States maritime law applies. See Risdal v. F/V Midnight Sun 291 F. Supp. 353. Kyriakos v. Gouladndris 151 F.2d 132

An illegal alien working on a United States fishing vessel is entitled to the same protection of the law as it applies to injuries for compensation as a United States citizen. This would mean that the crewman is entitled to have his reasonable and necessary medical bills paid and a living allowance during the time of his recovery. If he is injured through negligence or unseaworthiness, the foreign seaman is entitled to compensation for lost past and future wages, disfigurement, medical expenses, pain and suffering, and loss of enjoyment of life. Often times the fear and threat of deportation leads to illegal aliens not making claims for compensation. In some injury cases, maritime employers have attempted to initiate deportation proceedings for an injured alien seaman in an attempt to limit their liabilities.

An alien crewman's immigration status while working on a United States fishing boat may only be relevant to the issue of future economic damages. The immigration status of the worker may be admissible to prove that he could not have continued to work in the United States and that his wages should not be based upon the alien's United States wage earning capacity.

The presence of illegal aliens working aboard fishing vessels in the United States is well documented. When the ARCTIC ROSE sank in the Bering Sea in 2001, three of the deceased crewmen were working under assumed names and not properly admitted to work in the United States. Beard Stacey & Jacobsen recovered compensation under the Jones Act and Death On the High Seas Act for these deceased crewmen's families. Beard Stacey & Jacobsen argued for their clients in the ARCTIC ROSE case that the pain and suffering and emotional impact of losing a parent knows no national borders.