FAILING TO FOLLOW OR ENFORCE PROPER OFFSHORE SAFETY PROCEDURES
Offshore safety is incredibly important. Accidents happen fast in offshore environments. Thus, employers must maintain and keep a vessel in a reasonably safe condition. In fact, safety procedures and regulations are in place to keep workers safe. Particularly, The Jones Act, ensures employers provide seamen a safe place to work. This law has strict requirements. Indeed, almost any unsafe condition on a vessel can lead to liability, such as:
- grease or oil on the deck
- improperly maintained equipment
- not providing the crew with proper equipment
- improperly trained seamen or crew
- failure to require the crew to follow offshore safety work methods
MARITIME – ADMIRALTY – JONES ACT
Maritime law covers individuals injured on or near water. For example, individuals injured on a rig, dock, or boat can be:
- crew members
- passengers
- offshore oilfield workers
- longshoremen
Maritime law includes:
- Jones Act – Seamen with injuries due to the negligence of their employers can recover loses. For example, loses can include lost wages, pain and suffering, and medical bills.
- Unseaworthiness claims – Under The Jones Act, watercraft owners must provide and maintain a seaworthy watercraft. Employers are liable for injuries caused by an unfit watercraft. As well as it’s parts or machinery. A craft can also be unseaworthy with an unskilled or incompetent crew.
- Death On the High Seas Act (DOHSA) – This is a federal law. It allows the award of future earnings to the surviving spouse of a seaman killed in an accident.
- Longshoremen and Harbor Workers Compensation Act (LHWCA) – This law protects those who are not seamen injured on or near water.
Additional Sources: Occupational Health and Safety Administration
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