Working conditions on inland navigable waters shouldn't be compared to working conditions shore side and only the uninitiated and inexperienced draw such comparisons not having experienced first hand the danger and peril ever present on the rivers and intra
coastal waterways.
What about towboats
A towboat is a vessel that moves barges up and down the inland rivers and intra
coastal waterways of the United States. The rivermen who crew the towboat, (towboater) are constantly working in a high risk dangerous environment. The nature of the towboat and barge industry on the inland river system is very dangerous. Working on inland barges is extremely hands on and a towboater is constantly working either docking barges, building tow, or working on the towboat.
A towboat corporation (company) like most sophisticated corporate operations run its operation using a cost benefit analysis; money is made only if the cargo is timely moved on the river and delivered. We use the label towboat corporation (company) to emphasize to you that most if not all towboat operations on the inland rivers are corporate owned. Usually a large corporation will own controlling stock in the towboat operation in which you work.
The crew of a towboat varies from company
to company. To maximize profit many towboat schedules require crew members to serve a 30 day hitch. Other companies require two or three weeks on with one or two weeks off. The size of the crew depends on several factors including the size of the towboat, the towboat's schedule of operation, and the towboat company policy for manning its towboat.
Even a cook is a member of the crew. On the smaller towboats, and on some larger towboats where corporate policy doesn't allow for a cook, usually one of the towboat crew will volunteer or one is assigned by the captain to assume the cooking duty.
The deckhands are the grunts of the towboat crew. Their job is extremely hands on and physically demanding. The turnover rate for deckhands on towboats is very high. Two years is a long time for a deckhand on the river. The mates who direct the deckhands were once themselves deckhands but stayed the course despite the demanding rigors of the job.
The licensed members of the towboat crew vary, depending on the size of the towboat and corporate policy. Crews usually include an engineer but will always include a pilot, and the captain. Depending on the length of the hitch there may be a relief captain or relief pilot aboard.
Navigation is the responsibility of the towboat captain and the pilots who rotate wheel house watch during the voyage. Piloting the inland waterways maneuvering loaded tow around shoals, bends, and through locks sometimes working 30 day hitches and rotating watch is a demanding occupation.
What injury laws apply to a towboat crew?
The entire crew of a towboat from the captain to the cook is covered under Federal General Maritime Law and the Jones Act. State workers' compensation laws do not apply to rivermen.
What rights do I have under the general maritime law?
If you are injured while working as a member of the crew on a towboat, you are entitled under the General Maritime Law to certain remedies, including maintenance (a daily amount for subsistence during recuperation), cure (medical care), and unearned wages to the end of the voyage or employment contract. The general maritime law also provides a tort remedy based on unseaworthiness, a type of strict liability.
If you were injured on a towboat where the crew was under manned or fatigued due to lack of adequate rest or not properly trained then the towboat company would most likely be held strictly liable for your injury.
What do the terms "maintenance" and "cure" mean?
A towboat crew member is entitled to maintenance and cure when injured or taken ill while in the service of the towboat. This right is broader than under most workers compensation laws in that the injury or illness need not necessarily be work related under the general maritime law. It is sufficient if the illness manifests itself during the voyage or hitch aboard the towboat. For example, a crew member who has an appendicitis is entitled to CURE, which means to have his medical bills and associated medical expenses paid until he reaches Maximum Medical Improvement following surgery even though the appendicitis was in no way caused by his work nor was it a condition that is traditionally considered "work related".
MAINTENANCE is designed to provide the ill or injured towboat crew member with compensation sufficient to pay for food and lodging expenses
while recuperating. The amount of maintenance to which the towboat crew member is entitled is a factual question, but is often said to be
the cost for food and
lodging ashore equivalent in quality and