FAILING TO FOLLOW OR ENFORCE PROPER STANDARD SAFETY PROCEDURES
Under the Jones Act, a maritime employer must provide the seaman with a reasonably safe place to work, and must use ordinary care to under the circumstances to maintain and keep the vessel on which the seaman works in a reasonably safe condition. These are very strict requirements under the law. Almost any unsafe condition on a vessel can lead to liability under the Jones Act. For example, an employer can be held liable under the Jones Act for such unsafe conditions as:
- grease or oil on the deck
- improperly maintained equipment
- failure to provide the crew members with the proper equipment for them to do their work
- failure to properly train the seaman or the crew, and
- failure to require the crew to follow safe work methods.
Maritime – Admiralty – Jones Act
Maritime law covers incidents that occur on the water. It covers individuals who are injured on a boat, whether a member of the crew or a passenger. It also covers longshoremen, offshore oilfield workers, and just about any other individual injured on a boat, rig or dock. Maritime law includes:
- Jones Act – This allows seamen who have been injured by the negligence of their employers or coworkers to bring a claim against their employers for lost wages, medical bills, pain and suffering.
- Unseaworthiness claims – Applies to injuries caused by a watercraft, its parts, or machinery that are not reasonably fit for the intended purpose. A watercraft can also be unseaworthy if its crew is not reasonably competent or skilled to perform the necessary work. Under the Jones Act, watercraft owners are obligated to provide and maintain a seaworthy watercraft.
- Death On the High Seas Act (DOHSA) – Federal law that allows a surviving spouse of a seaman to recover damages for his or her spouse’s future earnings.
- Longshoremen and Harbor Workers Compensation Act (LHWCA) – This law provides protection to non-seamen who are injured on or near navigable water.
This area of the law requires specialized knowledge and skill to successfully represent those people, including Jones Act, who have maritime accidents. For the residents of Louisiana and Texas, this knowledge is extremely important because of the amount of people that work in the offshore oil business in these states. Workers that the Jones Act applies to include offshore workers on drilling rigs, inland water workers, and people working on semi-submersible rigs, barges, drill ships, tugboats, towboats, crew boats, dredging equipment, cargo ships, fishing vessels, or other movable watercraft.
In the case of the Jones Act, the term “seaman” applies to persons assigned a task that fulfills the mission of the vessel or fleet of vessels. Watercraft of this type include oil tankers, cargo ships, tow boats, fishing boats, jackup rigs, ferries, cruise ships, tour boats, restaurant boats, floating platforms, freighters, and tugboats.
A seaman does not have to be on the boat or other watercraft at the time of the injury to be covered by the Jones Act. Boat captains and crew, cruise ship entertainers, deckhands, engineers, cooks, fish processors, and boat maintenance staff are some of the types of workers covered by the Jones Act which mandates that employers provide compensation for injuries or death caused by negligence.
It is the responsibility of the seaman’s employer to insure that working conditions are safe and that adequate safety, training, and security measures have been put in place to prevent accidents. In the event that the seaman’s employer and/or the owner of the vessel are two different parties, the injured seaman or his/her family can file an unseaworthiness claim against the vessel owner for compensation.
CALL THE EXPERIENCED ATTORNEYS AT THE LAW OFFICES OF L. CLAYTON BURGESS TODAY TO SCHEDULE A FREE CONSULTATION.
The statute of limitations for filing for compensation under the LHWCA is short. Please call the Law Offices of L.CLAYTON BURGESS today to discuss your claim. LHWCA claims can be filed against the worker’s employer, such as the shipping company, a contracting company, or a boat operator or owner.
Insurance companies will often fight to pay the minimum recovery amounts to injured workers. The Law Offices of L. Clayton Burgess are known for their aggressive handling of our client’s insurance claims when seeking justice for our clients and will fight for your compensation.
Clay Burgess offers his clients highly effective skills and strategies and an in-depth knowledge of maritime injuries and law that govern the different accidents, hands-on legal representation, and first-rate client service. We want you to call us with your questions about your case and we will respond and answer your questions promptly.
We can also file a personal injury claim or lawsuit against any third party whose negligence may have contributed to your accident. It is important that you contact Clay Burgess before trying to negotiate a settlement with any insurance company. The statute of limitations for filing a claim may be short, so don’t hesitate. Call Clay Burgess now at 337-234-7573 or toll free 877-234-7573 to discuss your case FREE of charge.
If you or a loved one has been injured or killed on or near the water, contact L. Clayton Burgess to insure that your rights are protected. Call us at 337-234-7573 or 877-234-7573 or contact us online to discuss your legal rights FREE of charge.