Being a whistleblower attorney in a Gulf state, I receive many questions from fisherman, sailors, and other people who work aboard ships about whistleblower cases involving the maritime industry. While I have discussed whistleblower cases falling under the False Claims Act extensively, those cases deal exclusively with fraud against the United States government. But what if a mariner becomes aware of a pattern of fraud or violations occurring aboard ship? These incidents are also subject to a whistleblower program, the Seaman’s Protection Act. I have excerpted the Seaman’s Protection Act below and provided an overview of a recent $1 million whistleblower case brought under it.
Do you know about fraud in a maritime industry? Are you considering filing a whistleblower case? Call Barrett Law now at (800) 707-9577 if you think you may be a whistleblower.
The Seaman’s Protection Act
The Seaman’s Protection Act, 46 U.S.C sec. 2114, states:
Protection of seamen against discrimination
(a)(1) A person may not discharge or in any manner discriminate against a seaman because-
- the seaman in good faith has reported or is about to report to the Coast Guard or other appropriate Federal agency or department that the seaman believes that a violation of a maritime safety law or regulation prescribed under that law or regulation has occurred;
- the seaman has refused to perform duties ordered by the seaman’s employer because the seaman has a reasonable apprehension or expectation that performing such duties would result in serious injury to the seaman, other seamen, or the public;
- the seaman testified in a proceeding brought to enforce a maritime safety law or regulation prescribed under that law;
- the seaman notified, or attempted to notify, the vessel owner or the Secretary of a work-related personal injury or work-related illness of a seaman;
- the seaman cooperated with a safety investigation by the Secretary or the National Transportation Safety Board;
- the seaman furnished information to the Secretary, the National Transportation Safety Board, or any other public official as to the facts relating to any marine casualty resulting in injury or death to an individual or damage to property occurring in connection with vessel transportation; or
(G) the seaman accurately reported hours of duty under this part.
In summary, the Seaman’s Protection Act prohibits retaliation against any seaman who reports violations or maritime safety laws or regulations or who makes a report to the U.S. Coast Guard.
The 2018 Loftus Case
John Loftus was a captain in Alaska who brought against his employers, Horizon Lines and Matson Alaska. Loftus reported a host of safety violations to the U.S. Coast Guard in 2013 and his employers promptly fired him in retaliation. He brought a claim under the Seaman’s Protection Act as a result.
In 2015, an administrative law judge awarded Loftus over $1 million for back pay, punitive damages, emotional distress, attorney fees, and interest. His former employers appealed to an Administrative Review Board, which acts as a court of appeals in this sort of claim.
On May 24, 2018, the Administrative Review Board again found in Loftus’ favor, specifically affirming $225,000 in punitive damages because “a large punitive damage award was necessary to deter and punish Horizon given its longstanding inaction addressing Loftus’s safety concerns, the chilling effect Horizon’s retaliatory actions likely had on other marine employees, and the harm it visited upon Loftus personally.”
Accordingly, if you are a fisherman, seaman, mariner, or anyone else who works aboard ships, you have a right to report safety or regulatory violations to the U.S. Coast Guard and other regulatory agencies. If you are retaliated against as a result of this report, you may be entitled to significant compensation.
What Should You Do if You are Seaman and are Considering a Whistleblower Claim?
Are you a sailor or fisherman aware of violations in the maritime industry? Are you considering filing a whistleblower case? Call Barrett Law now at (800) 707-9577 if you think you may be a whistleblower.
Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.
