Overboard Accidents in the Maritime Industry

Overboard accidents are some of the most frightening and frequently fatal maritime accidents. There are many causes, often preventable, of man overboard incidents, from trip hazards to lack of appropriate safety gear. Workers injured or lost in overboard accidents and their surviving dependents can seek compensation with the help of a maritime lawyer.

What Is a Man Overboard Accident?

Although it can happen to men or women, this type of accident is traditionally called man overboard. It’s the phrase shouted when someone falls off a vessel and into the water. The call is meant to alert the crew so they can act quickly to make a rescue.

An overboard incident can happen on the ocean, on inland waters, or on a boat sitting in port or on a dock. It refers to any fall from a vessel into the water. The fall can involve one or more crew members or passengers on a ship, like a cruise ship.

What Causes Overboard Incidents?

A fall overboard may be an accident that no amount of safety protocols could have prevented. Unfortunately, these falls could and should have been prevented in many cases. Some common causes and contributing factors in overboard incidents include:

• Slippery decks or trip hazards on decks
• Failure to wear safety gear or wearing faulty or inappropriate safety gear
• Lack of safety training
• Lack of safety protocols or failure to follow established protocols
• Poor weather conditions and rough waters
• Unsecured equipment or cargo that knocks workers into the water
• Errors made when fatigued
• Inadequate lighting
• Mechanical failures that cause the vessel to move unexpectedly
• Being intoxicated on the job
• Mistakes made with mooring lines

Who Is at Risk for a Fall Overboard?

Anyone working on a vessel could fall overboard, but some workers are at greater risk depending on the vessel type or job duties. Any worker on any type of vessel who spends a lot of their time on deck has an elevated risk of falling.

In terms of industry, workers in commercial fishing have some of the highest rates of overboard falls. It is the second leading cause of death in the industry, representing 30% of deaths on commercial fishing vessels from 2000 to 2019.

What Are the Consequences of Falls Overboard?

Many overboard falls are fatal. Workers can die from drowning or hypothermia. Some are never recovered from the water. This may happen because it is dark, the waters are too rough, or no one witnessed the fall.

When workers don’t die from an overboard fall, they may suffer injuries. A strike or slip that caused the fall could cause cuts, fractures, crush injuries, or head or back injuries. They could develop hypothermia from being in the water.

Workers who survive these falls may also suffer mental health issues. These incidents can be traumatic and may result in conditions like post-traumatic stress disorder, anxiety, or depression.

How Can Overboard Accidents Be Prevented?

Several measures can reduce the risk of falls and prevent many tragic overboard accidents in the maritime industry:

• Keeping the deck clean, dry, and clear of trip hazards
• Installing and maintaining adequate lighting on the deck
• Providing appropriate safety gear used and worn by deck workers
• Providing appropriate safety training provided and updated regularly
• Securing cargo and equipment to prevent strikes that push workers into the water
• Ensuring workers are rested and able to work safely on deck

Preventing Fatal Overboard Accidents

There are also important measures that would reduce the number of fatalities resulting from falls overboard. When a fall occurs, several factors make it more likely that the victim will be recovered alive:

• A buddy system on deck to ensure falls do not go unnoticed
• An alarm system to alert crew members immediately to an overboard incident
• Appropriate flotation devices worn by workers on deck
• A procedure for recovering a crew member from the water that is routinely practiced
• Appropriate rescue equipment and gear on deck and within easy reach
• Quick reaction times to begin rescue procedures, especially in cold waters

Statistics from commercial fishing show that more than half of overboard falls go unwitnessed, which is particularly dangerous. No one should be working alone on deck.

Unfortunately, reports indicate that many vessels in the maritime industry have fewer crew members than in the past. This can lead to longer working hours and more fatigue. It can also leave workers on deck alone, increasing the risk of an unwitnessed fall.

Seeking Compensation After an Overboard Accident

Workers who survive overboard falls but suffer injuries can seek compensation for medical and other expenses. The dependents of workers who die or disappear in these accidents also have a right to seek death benefits.

The applicable laws and the type of claim or lawsuit filed depend on the worker’s position.

• Most crew members on vessels qualify as seamen under the Jones Act. This law allows seamen to sue for compensation if negligence caused their injuries. Loved ones can also use the law to file a wrongful death claim.
• Many port workers are covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA). These workers may be on docked vessels and fall overboard. They can make claims for workers’ compensation through this law.
• Workers who fall from offshore oil platforms and rigs are less likely to survive. If they do, they may be entitled to benefits under the Outer Continental Shelf Lands Act (OCSLA), a law that extends the LHWCA program to offshore workers. Dependents can also seek benefits after a fatal fall.
• Loved ones of workers who died in overboard accidents may qualify to seek compensation through the Death on the High Seas Act (DOHSA). The DOHSA applies to accidents on commercial vessels at least three nautical miles from shore.

Working with a Maritime Lawyer After an Overboard Accident

Whether you survived the fall but are injured or are the loved one of someone who died in an overboard accident, it’s important to work with a lawyer to seek compensation.

Maritime lawyers have experience with all the applicable laws and help people prove their claims and get compensation.

Don’t hesitate to reach out to a lawyer for a free consultation to review your case. You should have all the relevant information, including medical records and incident reports. If they think you have a case, they can help you proceed.