Failing to Follow or Enforce Proper Standard Safety Procedures
With The Jones Act, maritime employers must provide their seaman with a safe place to work, using care to maintain and keep the vessel on which the seamen work in a reasonably safe condition. There are very strict requirements with this law and almost any unsafe condition on a vessel can lead to liability under The Jones Act such 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 individuals who are injured on or near water, whether a crew member or a passenger as well as offshore oilfield workers, longshoremen, and any other individual injured on a rig, dock, or boat. Maritime law includes:
- Jones Act – This allows seamen who have been injured due to the negligence of their employers to recover loses such as lost wages, pain and suffering, and medical bills.
- Unseaworthiness claims – Under the Jones Act, watercraft owners are obligated to provide and maintain a seaworthy watercraft. Claims can be filed for injuries caused by a watercraft, its parts, or machinery that are not reasonably fit for its intended purpose. A craft can also be unseaworthy if its crew is not adequately skilled or competent.
- Death On the High Seas Act (DOHSA) – A federal law which allows the future earnings of a seaman killed in an accident be awarded to the surviving spouse.
- Longshoremen and Harbor Workers Compensation Act (LHWCA) – This law protects those who are not seamen injured on or near water.
Specialized knowledge and skill are required in this area of the law to successfully represent those who have been injured in maritime accidents. Because of the large amount of people that work in the offshore oil business in Louisiana and Texas, this knowledge is extremely important . The Jones Act applies to workers on drilling rigs, inland water workers, and people working on barges, semi-submersible rigs, drill ships, towboats, tugboats, crew boats, cargo ships, dredging equipment, fishing boats, and any movable watercraft.
In the Jones Act, “seaman” is the term that applies to a person given a task toward the mission of the vessel. Vessels are watercraft that can include cargo ships, oil tankers, fishing boats, tow boats, rigs, floating platforms, cruise ships, tour boats, ferries, restaurant boats, tugboats, and freighters.
To be covered by the Jones Act, at the time of the injury a seaman does not have to be on the watercraft. Boat captains, crew, deckhands, cooks, engineers, fish processors, maintenance staff, and cruise ship entertainers are types of workers covered by the Act. Employers are mandated by the Jones Act to compensate seamen for injuries or death caused by negligence.
Preventing accidents is the responsibility of the seaman’s employer to insure that working conditions are safe with regular maintenance and training. Seamen or their families can pursue unseaworthiness claims against the owner of the vessel if the employer and the owner of the vessel are two different parties.
CALL THE EXPERIENCED ATTORNEYS AT THE LAW OFFICES OF L. CLAYTON BURGESS TODAY TO SCHEDULE A FREE CONSULTATION.
Filing claims for compensation under the LHWCA has a short statue of limitations! Call the Law Offices of L.CLAYTON BURGESS today to discuss your claim!
Insurance companies will fight to pay minimum amounts to injured workers. The Law Offices of L. Clayton Burgess are known for their aggressive pursuit of justice for clients and will fight for your compensation.
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Don’t hesitate, the statute of limitations for filing a claim may be short! A claim or lawsuit can also be filed against any contributing third party. Don’t try to negotiate a settlement with any insurance company without first calling your Personal Injury Attorney! Call Clay Burgess now at 337-234-7573 or toll free 877-234-7573 to discuss your case for FREE!
If you or a loved one has been injured or killed on or near the water, contact The Law Offices of 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.