The Impact of Weather Conditions on Maritime Safety

The Gulf of Mexico is strewn with the wreckage of vessels that went down in hurricanes, tropical storms, and other adverse weather events. Severe weather continues to be one of the greatest hazards a maritime worker can face. Understanding the weather’s impact on maritime safety is essential to protecting workers from harm.

Impact of Weather Conditions on Maritime Safety

Key Weather Conditions Affecting Maritime Safety

The weather at sea is dynamic and ever-changing. This is especially true in places like the Gulf of Mexico, where devastating storms can arise and change course quickly. During these events, maritime workers are exposed to a number of risks that can result in serious injury and even death.

Many weather events can impact maritime safety:

  • Hurricanes and tropical storms. The Gulf Coast is one of the most hurricane-prone regions in the United States. These storms can generate high winds, lightning, tornados, and heavy rains that last for days. They not only pose a danger to vessels on the open water and offshore structures but can also cause devastating damage and injuries to port facilities in coastal areas.
  • Thunderstorms. Violent thunderstorms can happen at any time of the year but are especially severe during the winter months when cold air blowing in from the Arctic regions collides with the warm, moist air of the Gulf. Unlike hurricanes and tropical storms, which develop over a period of days, severe thunderstorms can occur with little or no notice.
  • High winds and waves. High winds and waves can create significant maritime weather risks.  Strong gusts of wind can affect the handling and navigation of boats, especially smaller or less stable vessels. Deckhands exposed to high waves face a significant danger of being swept overboard.
  • Heavy fog. Fog is another weather event that can result in tragedy. Heavy fog limits visibility, placing vessels at risk of collisions with other vessels, allisions with stationary objects, or running aground.
  • Ice and snow. Ice and snow can pose serious risks to vessels at sea. Ice buildup can result in slippery decks, make it hard to work a ship’s rigging, and damage lines and equipment. Collisions with icebergs or sea ice can severely damage and even sink a ship. While ice and snow generally don’t threaten ships in the Gulf, maritime workers exposed to seasonal arctic air blasts can suffer from hypothermia.

Notable Weather-Related Maritime Accidents

History is full of tales about vessels and their crews lost at sea due to storms and other severe weather events. Probably the most well-known weather-related maritime disaster would have to be the R.M.S. Titanic, a passenger vessel that sank after striking an iceberg on April 15, 1912. Over 1,500 crew and passengers perished in the accident.

More recent examples include the SS El Faro, a cargo vessel that was lost when the ship began to take on water after sailing into Hurricane Joaquin in the Atlantic Ocean in 2015. in 2020, the fishing vessel Emmy Rose was lost in a similar accident off the coast of Maine, this time the result of high winds and choppy seas. In 2021, the liftboat Seacor Power capsized during a severe thunderstorm south of Port Fourchon, Louisiana. There were 13 fatalities.

Weather-related maritime accidents aren’t limited to the high seas. On July 19, 2018, a duck boat sank during a severe thunderstorm while on a sightseeing tour of Table Rock Lake near Branson, Missouri. 17 of the 31 people on board were killed. The accident happened in part because the boat’s operators ignored warnings of approaching bad weather.

Workers on offshore oil rigs and other structures can also be injured in weather-related maritime accidents. In 1980, severe winds and high waves caused the anchor cables of the Norwegian drilling rig Alexander L. Kielland to break, causing the rig to capsize, resulting in 123 deaths. Nine years later, the Seacrest drill ship capsized during a typhoon in the Gulf of Thailand, killing 91 crew members.

Legal Protections and Compensation for Weather-Related Maritime Incidents

Federal maritime law provides workers specific rights and protections in cases of injury due to weather conditions. For example, the Jones Act allows injured maritime workers to pursue claims against their employers for negligence, including accidents resulting from severe weather. This federal law provides critical protection for seamen injured at sea, including the right to compensation for injuries sustained while working in hazardous conditions.

In addition to the Jones Act, certain maritime workers who do not qualify as seamen may be eligible for benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA covers dockworkers, harbor workers, and other maritime employees injured during the course of their duties, offering compensation for medical expenses, rehabilitation, and lost wages, regardless of employer negligence. This act plays a vital role in protecting those who work on or near the water but are not considered seamen under the Jones Act.

Depending on the circumstances, injured maritime workers can seek compensation for current and ongoing medical expenses, lost wages, loss of earning power, and pain and suffering. However, securing compensation can be difficult due to the complex nature of maritime law. To get the total compensation to which they are entitled, workers need to hire a maritime injury lawyer with extensive experience handling Jones Act and LHWCA weather-related claims.

To prevail in a Jones Act weather-related claim, the injured worker will not only have to prove that bad weather was responsible for their injuries, but that their employers were negligent by failing to protect the worker from severe weather conditions (such as ignoring weather reports, lack of safety equipment and training, etc.). Similarly, claims under the LHWCA require clear documentation of the injury and its connection to maritime employment, which an experienced maritime injury lawyer can help gather and present.

A maritime injury lawyer will be able to collect the evidence needed to support your case and negotiate with the at-fault parties to get the best cash settlement possible.

Safety Tips for Maritime Workers During Severe Weather

Proper preparation and safety protocols are vital to avoid weather-related maritime accidents. Here are a few of the steps maritime workers can take to protect themselves from injury during severe weather:

  • Monitor Weather Reports: Regularly checking weather forecasts before departure allows crews to anticipate changing conditions.
  • Ensure Access to Safety Equipment: Life vests, emergency gear, and other safety equipment should be easily accessible and checked regularly to ensure functionality.
  • Follow Emergency Protocols: Crews should be well-versed in emergency procedures for evacuations, collisions, and other incidents that may arise in severe weather.
  • Practicing Drills and Readiness: Safety drills help prepare crew members for worst-case scenarios, fostering confidence and preparedness in real emergencies.

The maritime environment can be unforgiving, but by prioritizing safety, maritime workers and their employers can reduce the risks of injuries due to severe weather.

Frequently Asked Questions on Weather and Maritime Safety

Can workers refuse to sail during dangerous weather? 

Yes. If a maritime worker reasonably believes that weather conditions pose a serious threat to their safety, they have the right to refuse to work. However, this right depends on the specific circumstances of the situation, such as the extent of the perceived risks and employer policies.

What kind of compensation can be pursued for injuries in severe weather?

Most injured maritime workers qualify for maintenance (living expenses) and cure (medical expenses) benefits. Under laws like the Jones Act, qualified workers can seek compensation for damages such as lost wages, loss of earning potential, long-term medical expenses, pain, suffering, and more.

How do legal considerations differ for various weather conditions?

Each weather-related accident is unique; the legal considerations for a maritime worker injured in a hurricane are different from those of a worker injured in a grounding during heavy fog. Consulting with an experienced maritime lawyer is crucial to determining the best course of action.

Get Help Protecting Your Rights

Weather conditions have a great impact on maritime safety. When decision-makers ignore maritime weather risks, they place vessels and their crews in danger.

At Lewis, Kullman, Sterbcow & Abramson, we understand the weather’s impact on maritime safety. We’re a New Orleans-based law firm with decades of experience pursuing Jones Act weather-related claims for injured workers across the nation. Our team of maritime injury attorneys is dedicated to protecting the rights of maritime workers who have been hurt as a result of adverse weather events that could and should have been avoided.

If you were injured in a maritime accident caused by adverse weather conditions, call us at (504) 588-1500 to schedule an initial consultation to discuss your case.