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The district court determined that Captain Rivera was not an employee of Kirby, hence his injuries were not compensable under the Longshore Harbor Workers' Compensation Act (LHWCA). However, the court did find that the boat was unseaworthy and that Rivera was entitled to past and future harbor pilot wages. (Photo credit: Northern Offshore Group) The district court determined that Captain Rivera was not an employee of Kirby, hence his injuries were not compensable under the Longshore Harbor Workers’ Compensation Act (LHWCA). However, the court did find that the boat was unseaworthy and that Rivera was entitled to past and future harbor pilot wages. (Photo credit: Northern Offshore Group)

The 5th U.S. Circuit Court of Appeals in New Orleans has unanimously affirmed a district court’s ruling that a sea captain is entitled to more than $11 million in lost future earnings after he was injured tripping over a stair in a hatch door.

An unseaworthiness claim is a type of maritime law claim filed against a vessel owner if a person suffers injuries due to unsafe conditions on the vessel, including unsafe tools and equipment.

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