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.
On a daily basis harbor workers and seamen put themselves at risk. If a maritime accident has happened, the federal government allows injured seamen and their families to recover damages for pain and suffering, lost wages, and medical bills. Even when liability is initially unknown, to prove fault our maritime lawyers at The Law Offices of L. Clayton Burgess conduct thorough investigations. To identify the source of liability we develop strong claims with employment records or witness statements as well as consulting invaluable industry-leading maritime law experts. Liability factors can include failure to:
- Properly train seamen
- Hire qualified harbor workers
- Maintain proper safety equipment
- Enforce or follow standard safety procedures
- Properly maintain the vessel
The Personal Injury Attorneys at Law Offices of L. Clayton Burgess are committed to successful and full recovery of lost wages, vocational rehabilitation, medical bills, pain and suffering, and lost earning capacity. Families who tragically lost their loved ones in fatal harbor accidents need our experienced maritime law attorneys to secure their maximum compensation.
Merchant Seaman Protection and Relief Act or The Jones Act – This protects seamen and longshoremen injured while working on a maritime vessel including engineers, deckhands, fishermen, and crew members. When the injury was caused by negligence of the employer, it is possible to obtain compensation for pain and suffering, medical expenses, lost wages, future earning capacity, physical therapy, retraining, and loss of life.
The following laws apply to people injured in offshore and maritime accidents:
Longshore and Harbor Workers’ Compensation Act (LHWCA) – This law is 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 to obtain compensation for injuries.
Doctrine of Seaworthiness – Ships in operation must be seaworthy and safe for their intended purpose under federal law. This doctrine enforces strict liability, and it is not necessary to prove negligence or fault, but only that the worker was injured because the ship was unsafe. Missing safety equipment, lack of supervision, untrained crew-members, defective design, missing or defective tools or equipment, an undermanned vessel, or decks that are unreasonably slippery or obstructed are examples of what can cause a vessel to be unseaworthy.
Death on the High Seas Act – This federal admiralty law protects the surviving spouse and family of a maritime worker killed in international waters. Dependents of the deceased such as a family member, child, or spouse can recover for wrongful death caused by negligence or unseaworthiness.
Contact a Seamen Accident Claims Attorney for a Free Consultation
Unlike claims pursued through the Longshore and Harbor Workers’ Compensation Act, claims filed under the Jones Act can be highly complicated. Negligence must be proven before compensation can be secured. We 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.