The air aboard a vessel or on the docks of the Port of Mobile carries the scents of the sea, diesel, and commerce. For many maritime workers, however, that air can also carry invisible dangers. The transportation of chemicals, petroleum products, and other bulk cargo is the lifeblood of Alabama’s maritime industry, but a single leak, spill, or moment of inadequate ventilation can release toxic substances that cause devastating and life-altering respiratory diseases.
A lung injury from chemical exposure at sea is not a simple workplace accident. It can develop slowly, a persistent cough turning into a debilitating condition, or it can strike with sudden, terrifying force. When this happens, injured seamen and other maritime workers are protected by a specialized set of federal laws. These maritime laws provide a pathway to secure compensation for medical care, lost income, and the profound impact these illnesses have on a worker’s life.
What Are Common Respiratory Hazards for Alabama Maritime Workers?
Maritime workers in and around Mobile Bay can be exposed to a wide array of harmful substances. These exposures can occur on tankers, cargo ships, barges, and at port facilities. The specific danger often depends on the cargo being handled.
- Volatile Organic Compounds (VOCs): Vapors from substances like benzene, toluene, and xylene, commonly found in crude oil, gasoline, and industrial solvents, are a primary threat. Inhaling these vapors can cause both short-term respiratory irritation and long-term damage, including cancer.
- Corrosive Gases: Cargo like ammonia and chlorine can cause immediate and severe damage to the respiratory tract upon inhalation. Leaks from tanks or transfer lines are exceptionally dangerous, particularly in enclosed or poorly ventilated spaces.
- Hydrogen Sulfide (H2S): Known as “sour gas,” this is a frequent byproduct of crude oil and natural gas. It is extremely toxic, and at high concentrations, it can overwhelm the respiratory system, leading to collapse and death in minutes. Even at lower levels, it can cause significant lung irritation.
- Cargo Dust and Particulates: The loading and unloading of dry bulk cargo, such as coal, mineral ores, grains, or cement, can release fine dust into the air. Inhaling these particulates over time can lead to chronic conditions like silicosis, industrial bronchitis, and occupational asthma.
- Asbestos: Though heavily regulated, asbestos is still present in the insulation and machinery of many older vessels. During maintenance or repair work, disturbing these materials can release microscopic fibers that, when inhaled, lead to mesothelioma and asbestosis decades later.
What Types of Respiratory Diseases Result from Chemical Exposure at Sea?
Exposure to toxic chemicals can trigger a range of serious and often permanent lung conditions. Obtaining a precise medical diagnosis is a vital first step in linking the illness to workplace exposure.
- Reactive Airways Dysfunction Syndrome (RADS): A form of asthma that develops suddenly after a single, high-concentration exposure to an irritating vapor, gas, or fume.
- Occupational Asthma: This condition can result from repeated exposure to sensitizing agents found in cargo or cleaning materials, leading to chronic inflammation and constriction of the airways.
- Chemical Pneumonitis: This is a severe inflammation of the lungs caused by inhaling chemical irritants. It can lead to fluid buildup in the lungs and acute respiratory distress.
- Chronic Obstructive Pulmonary Disease (COPD): Long-term exposure to dust, fumes, and other airborne irritants can contribute to the development of COPD, a progressive disease that includes emphysema and chronic bronchitis, making it increasingly difficult to breathe.
- Pulmonary Fibrosis: This involves the scarring of lung tissue, making the lungs stiff and unable to function properly. It can be caused by inhaling substances like asbestos or silica dust.
- Cancer: Prolonged exposure to carcinogens like benzene and asbestos is definitely linked to an increased risk of lung cancer and mesothelioma.
What is an Injured Seaman’s Right to Maintenance and Cure?
For a seaman who falls ill or is injured while in service of a vessel, the doctrines of “maintenance and cure” provide an immediate and essential safety net. These benefits are a fundamental right under general maritime law and must be paid regardless of who was at fault for the exposure.
Cure is the vessel owner’s obligation to pay for the seaman’s necessary medical treatment until they reach Maximum Medical Improvement (MMI). For a respiratory illness, this includes:
- Emergency room visits and hospitalization
- Consultations with specialists like pulmonologists and toxicologists
- Diagnostic tests, such as X-rays, CT scans, and pulmonary function tests
- Prescription medications, including inhalers and oxygen
- Long-term rehabilitation and therapy
Maintenance refers to a daily payment intended to cover the seaman’s reasonable room and board expenses while recovering ashore. It provides for basic necessities like rent or mortgage, utilities, and food.
How Does the Jones Act Address Employer Negligence?
While maintenance and cure cover immediate needs, they do not compensate for lost wages, future earning capacity, or pain and suffering. To recover these damages, an injured seaman can file a claim under the Jones Act, a federal law that allows them to sue their employer for negligence.
The Jones Act has a lenient causation standard. A seaman only needs to prove that the employer’s negligence played any part, no matter how slight, in causing the respiratory illness. Examples of negligence in chemical exposure cases include:
- Failure to provide proper Personal Protective Equipment (PPE): Not supplying, or failing to enforce the use of, appropriate respirators, masks, or breathing apparatuses for the specific chemical hazard present.
- Inadequate training: Not properly instructing the crew on the dangers of specific cargoes and the procedures for safe handling and emergency response.
- Poorly maintained equipment: Using corroded pipes, faulty gaskets, or broken valves that allow hazardous substances to leak.
- Insufficient ventilation: Ordering crew to work in cargo holds, tanks, or other confined spaces without adequate ventilation systems in operation.
- Failure to monitor air quality: Not using gas detection equipment to test enclosed spaces for toxic fumes or oxygen deficiency before allowing entry.
How Can an Unseaworthy Vessel Lead to Respiratory Illness?
Separate from the Jones Act, an injured seaman has the right to bring a claim for “unseaworthiness.” This is a strict liability claim against the vessel owner. It does not require proof of negligence. Instead, the focus is on the condition of the vessel itself.
A vessel owner has an absolute duty to provide a seaworthy ship, which means the vessel, its equipment, and its crew must be reasonably fit for their intended purpose. A vessel can be deemed unseaworthy if a hazardous condition caused or contributed to the chemical exposure. Examples include:
- A ventilation system that is defectively designed or has fallen into disrepair.
- A lack of proper safety equipment, such as emergency eyewash stations, showers, or spill containment kits.
- An incompetent or inadequately trained crew member whose actions lead to a chemical release.
- Improperly stored or labeled hazardous materials that create a dangerous environment.
If an unseaworthy condition is a cause of the seaman’s respiratory disease, the vessel owner is liable for damages.
What About Dock Workers at the Port of Mobile?
The Jones Act applies specifically to seamen crew members who have a substantial connection to a vessel in navigation. Dock workers, ship repairers, and harbor construction workers at facilities like the Port of Mobile are generally covered by a different federal law: the Longshore and Harbor Workers’ Compensation Act (LHWCA).
The LHWCA is a federal workers’ compensation system that provides for medical care and compensation for lost wages. While it does not require proving negligence, the scope of recoverable damages is more limited than under the Jones Act. However, the LHWCA does allow an injured longshoreman to file a third-party lawsuit against a negligent vessel owner if an unsafe condition on the ship caused their injury.
What Immediate Steps Should a Maritime Worker Take After a Chemical Exposure?
The actions taken immediately following a known or suspected chemical exposure are important for both your health and your legal rights.
- Seek Immediate Medical Attention: Your health is the top priority. Go to the ship’s medic or, if ashore, to an emergency room. Be sure to tell the doctors exactly what you were exposed to, how it happened, and every symptom you are experiencing.
- Report the Incident: Formally report the exposure to your supervisor, captain, or employer in writing. Insist that an official accident report be created and ask for a copy.
- Document Everything: Write down the date, time, and location of the incident. Note the specific substance you were exposed to, the names of any witnesses, and what your supervisors said or did in response.
- Preserve Evidence: If it is safe to do so, take pictures of the leak, spill, faulty equipment, or lack of safety gear.
Protect Your Health and Legal Rights After Maritime Exposure
A respiratory disease caused by chemical exposure can end a maritime career and create a lifetime of medical challenges and financial uncertainty. The laws designed to protect maritime workers are complex, and vessel owners and their insurance companies often work to minimize the compensation they must pay. Pursuing a claim requires a thorough investigation, strong medical evidence, and a detailed familiarity with maritime law.
If you or a loved one has developed a respiratory illness after working at sea or on the docks in Alabama, your first step should be to learn about your rights. Contact Fuquay Law Firm today at (251) 473-4443 for a free and confidential consultation to discuss your case. We are prepared to help you navigate the legal process and pursue the full compensation you deserve.
Frequently Asked Questions (FAQs)
What is the difference between a Jones Act claim and an unseaworthiness claim?
A Jones Act claim requires proving your employer was negligent, even slightly, in causing your injury. An unseaworthiness claim is a strict liability action against the vessel owner, requiring proof that an unsafe condition on the vessel itself caused your injury, regardless of the owner’s negligence.
Can I still receive benefits if my respiratory disease appeared long after I left my job at sea?
Yes, some diseases like mesothelioma or asbestosis have long latency periods. You may still be able to file a claim years after the exposure occurred, but it is important to act quickly once a diagnosis is made due to statutes of limitations.
What should I do if my employer tells me to see their doctor?
You have the right to choose your own doctor for treatment under maintenance and cure. While your employer may ask you to see a physician of their choosing for an evaluation, you are not required to accept that physician for your ongoing medical care.
What kind of evidence is needed for a chemical exposure claim?
Key evidence includes your medical records linking the illness to the exposure, witness testimony from crewmates, the vessel’s safety logs, cargo manifests, Material Safety Data Sheets (MSDS) for the chemicals, and records of equipment maintenance.
What compensation is available for a maritime respiratory disease claim?
Under the Jones Act and unseaworthiness doctrine, you may recover damages for past and future medical expenses, lost wages, diminished future earning capacity, pain, suffering, and loss of enjoyment of life.
