Failing to Properly Train Seamen
The Jones Act is a federal law that gives seamen who were injured in the course of their employment the right to sue their employer for negligence damages.
Seaman and harbor workers put themselves at risk on a daily basis. The federal government allows injured seamen to recover damages if they can prove their employer or co-worker was responsible for causing the work-related harbor accident. Our maritime lawyers at the Louisiana law offices of L. Clayton Burgess conduct thorough investigation to prove fault, even when liability is initially unknown. We develop strong claims complete with witness statements or employment records to identify sources of liability. We can also consult industry-leading maritime law experts invaluable in helping us identify liability factors, such as:
- Failing to properly train seamen
- Failing to hire qualified harbor workers
- Failing to maintain proper safety equipment
- Failing to follow or enforce standard safety procedures
- Failing to properly maintain the vessel
We are committed to helping you secure a full financial recovery for past and future lost wages, medical expenses, pain and suffering, vocational rehabilitation and lost earning capacity. Our maritime law attorneys also have extensive experience securing maximum compensation for families who tragically lost their loved ones in fatal harbor accidents.
Merchant Seaman Protection and Relief Act (Jones Act) – This law provides health care costs and lost wages to longshoremen and seamen injured while working on a maritime vessel, including fishermen, deckhands, crew members and engineers. When the injury was caused by the employer’s negligence, it is possible to obtain compensation for past and future medical expenses, lost wages and future earning capacity, physical therapy, retraining, pain and suffering, and loss of enjoyment of life.
The following laws apply to people injured in offshore and maritime accidents:
Longshore and Harbor Workers’ Compensation Act (LHWCA) – This law can be used to obtain compensation for maritime workers who are not considered seamen under the Jones Act, such as loaders and dockworkers at terminals, piers, dry dock facilities and other areas on U.S. navigable waters.
Doctrine of Seaworthiness – Under federal law, all ships in operation must be seaworthy and safe for their intended purpose. The doctrine of seaworthiness is one of strict liability, meaning it is not necessary to prove negligence or fault, but only that the ship was unsafe and the worker was injured. Examples of what can make a vessel unseaworthy include missing safety equipment, an undermanned vessel, lack of supervision, defective design, missing or defective tools or equipment, untrained crewmembers, or decks that are obstructed or unreasonably slippery.
Death on the High Seas Act – This is a federal admiralty law for the family of a maritime worker killed in international waters. A spouse, child or other family member who was dependent on the deceased can recover for wrongful death caused by negligence or unseaworthiness.
Contact a Seamen Accident Claims Lawyer for a Free Consultation
Claims filed under the Jones Act can be highly complicated. Unlike claims pursued through the Longshore and Harbor Workers’ Compensation Act, negligence must be proven before compensation can be secured. We have handled hundreds of maritime law claims nationwide and know how to preserve your right to the benefits you are entitled. Contact our maritime lawyers today for a free consultation throughout Louisiana. The attorneys at the law offices of L. Clayton Burgess will carefully evaluate your claim to determine if you can secure compensation through the Jones Act.
The Louisiana attorneys at the law firm of L. Clayton Burgess will assist you in pursuing a claim to obtain a recovery. Call today at (337) 234-7573 or toll free (877) 234-7573.