Our law firm
can represent a person injured while working as
a crewmember on a ship, tug, supply vessel, crew
vessel, jack-up vessel, derrick barger, pipe lay
barger, or any other type of vessel. We can
provide direct and applied knowledge of the
types of equipment and technology used on boats,
ships, and other offshore vessels. We understand
the work environment of offshore roustabouts and
riggers and know about the types of machinery
operated and used, as well as the dangers
created by the various tasks performed in the
industry.
There are select maritime laws, including the
Jones Act, which can help you if you have been
injured at sea in a rig, derrick barge, tugboat,
or other type of boating incident.
What is the Jones Act?
The Jones Act is a federal law that was passed
by Congress in 1920 specifically to protect
seamen injured on the job, where the cause is
negligence or error. If an employer unjustly
fails to protect a worker from injury or prevent
injury, a seaman can bring a claim against the
vessel's owner.
Who is a Seaman?
According to the Jones Act, a seaman is one who
works as a crew member of a vessel on rivers,
offshore waters, or oceans. Offshore vessels
include drill ships, jack-ups, floating barges,
diving vessels, cruise ships, tankers, cargo
ships, fishing boats, and other work related
water worthy crafts.
The essential characteristics of a seaman are:
contribution to the functioning and operation of
the vessel, establishment as a vessel
crewmember, and determination of sufficient
relationship to the vessel. Only a seaman can
recover damages under the Jones Act.
Under the Jones Act, you can recover:
"Maintenance" — a daily compensation designed to
provide necessities such as food and shelter,
which the seaman would have when working on a
vessel. There is a range of "maintenance" fees
from approximately $15.00 to $35 per day.
"Cure" — the employer's coverage of any and all
medical expenses related to the injury until
such time that the seaman could return to work
or until the seaman is designated permanently
disabled.
Lost wages from the time of injury to trial
Future lost wages
In the event of a wrongful death, the surviving
family members could become the recipients of
Jones Act settlements.
Jones-Act litigation may be initiated up to
three (3) years from the date of a seaman's
injury.
Unseaworthiness
In some cases, claims can be made against the
vessel owner, not the seaman's employer. General
Maritime Law states that a vessel owner has a
duty to provide a seaworthy vessel — one fit to
work and live. The vessel should also be
outfitted with the proper safety gear and have a
competent crew.
A claim of unseaworthiness includes unsafe
conditions existing on the vessel and its
equipment, including dangerous conditions
arising during the voyage or created by
employees or independent contractors. An
unseaworthiness claim will bring the owner into
a lawsuit as an additional source of recovery
for the seaman. As with the Jones Act, an
unseaworthiness claim must be filed within three
years of the injury, and must be combined with a
Jones Act claim.
General Maritime Law Negligence
Seamen may also be entitled to sue under the
general maritime law for negligence. If an
employer is negligent if he or she commits an
act which a person exercising ordinary care
would not do under similar circumstances, or
fails to do what another person exercising
ordinary care would do under similar
circumstances.
Longshore Harbor Workers Compensation Act (LHWCA)
- §905(b)
The Longshore and Harbor Workers' Compensation
Act (LHWCA) provides for compensation and
medical care to employees disabled from injuries
that occur on the navigable waters of the U.S.,
or in adjoining areas used in loading,
unloading, repairing or building a vessel. The
Act also offers benefits to dependents if the
injury causes the employee's death. The term
"injury" includes occupational disease arising
out of employment.
The Act covers workers employed in maritime
occupations, including longshore workers or
other persons in longshore operations, and any
harbor workers, including ship repairers, and
shipbuilders.
If you have been injured because of the
negligence of the vessel, then you may be
entitled to recover damages by bringing a claim
against the vessel. For example, if you were a
stevedore and your injury was sustained as a
result of the vessel's unsafe conditions, you
may have a practical claim under §905(b) of the
LHWCA.
Contact our office for a consultation if you are
have been injured on the job while in service to
a vessel.
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