Safety in the workplace is important everywhere, but some environments are inherently more dangerous than others. Offshore work is some of the most dangerous work there is, and laws have been developed to safeguard the rights of seamen and other offshore workers who are injured on the job. Central to this protection is the Jones Act and the concept of “unseaworthiness.” A qualified Houston, TX maritime lawyer can help you understand even more about these crucial concepts and how they apply in your case.
Jones Act Claims
The Jones Act offers two ways of compensation to an injured “seaman” (the historic legal term used in the act for simplicity, and which is meant to cover persons of any gender). The first is known as “maintenance and cure,” and it ensures that seamen receive compensation for daily expenses (maintenance) and necessary medical costs (cure) following a work-related injury. The beauty of this provision is its near-automatic applicability. Regardless of how the injury occurred or whether negligence was involved, a seaman can be compensated for medical costs and expenses.
The second, a negligence claim against the employer, allows for broader compensation options but also requires proof of employer fault. This means that a seaman must demonstrate some level of negligence by the employer or its employees.
Who Qualifies as a “Seaman?”
The term “seaman” might sound broad, but its application under the Act is specific. A seaman is an individual who dedicates a significant portion of their work to vessel-related tasks. Typically, a worker must spend at least 30% of their work time on a vessel to qualify as a “seaman.” Certain workers, like those in shipyards, harbors, or marinas, might not meet the criteria and are covered under the Longshore and Harbor Workers Compensation Act instead.
The Doctrine of Unseaworthiness
A vessel’s “seaworthiness” in terms of this Act isn’t just about its structural integrity. It’s a comprehensive term meant to describe the vessel’s condition, specifically with relation to those who serve and work aboard it. Essentially, a seaworthy vessel is one suited for its intended use, equipped with proper safety measures, and which is devoid of hazardous conditions. It’s not just about the vessel’s physical state, but also the conditions on board and the crew’s proficiency.
All kinds of circumstances can render a vessel “unseaworthy” for the purposes of this Act, even if the vessel is actually able to sail. An “unseaworthy” vessel might have worn-out equipment or lack the required safety gear. It might have improperly designed fixtures. It can also be considered unseaworthy if certain safety hazards are present, such as an oil spill on the deck.
Importantly, the crew’s expertise, or lack thereof, can also make a vessel unseaworthy. If the crew are breaching safety rules, aren’t qualified for the jobs they’re assigned, or don’t have adequate training, a vessel is not seaworthy. If there’s insufficient crew strength, or if a sufficient crew are working excessive hours, the vessel could also be considered unseaworthy within the scope of the Jones Act.
Consequences of Breaching the Duty of Seaworthiness
If a seaman’s injury is attributable to an unseaworthy condition on board a vessel, they (or in case of death, their family) have the right to seek compensation from the vessel owner. This compensation can be extensive and include loss of income, medical bills, pain, suffering, and other damages recognized under maritime law: sometimes even interest on these damages.
However, any compensation that was already received under “maintenance and cure” would be offset damages claimed under negligence. There is no double recovery.
Establishing Negligence Under the Jones Act
Proving negligence is important in these cases. A maritime employer must provide seamen with a safe workspace and maintain the vessel’s safety, and this duty extends to every vessel component and crew member. To successfully claim negligence, however, an injured seaman must demonstrate both what the negligence was and that it caused injury.
The Jones Act is relatively employee-friendly in that it mandates that even if the employer’s negligence played only a minor role in the injury, they can still be held liable. The seaman merely needs to show that the negligence was a contributory factor, even if it was not the primary one.
Filing a Claim
The process begins with reporting your injury. Injured seamen should immediately notify their supervisors or captains, and know that timely reporting is crucial, as any delays might raise suspicions. If the company requires an accident report, it’s important to fill it out accurately. These reports might have sections dedicated to fault determination, and if your report does, it is sometimes best to leave this blank.
Before taking any formal steps, though, consult an attorney who’s well-versed in maritime law. This initial consultation will give you insights into the potential merits of your claim, the damages you might be entitled to, and the most suitable legal path to pursue. At that point, you’ll likely move on to the following steps, with your Houston, TX maritime lawyer’s help.
Documentation and Evidence Collection:
After reporting your injury, it’s imperative to start gathering evidence promptly. Evidence degrades over time: physical evidence gets washed away or moved, video evidence gets overwritten, and memories start to fade. You need to get photographs of where the injury occurred, secure witness statements, collect maintenance logs, and gather any other pertinent documentation.
Engaging in Negotiations and Potential Litigation
Before a case reaches the courtroom, there’s almost always a phase of negotiations. Here, your attorney will be your advocate, arguing for you to get the compensation you deserve. If these negotiations don’t yield satisfactory results, the next step is the courtroom.
Why Specialized Legal Assistance Is So Important
Maritime law is a specialized domain with its own set of rules and procedures. General legal advice just won’t cut it. Here’s why you need an expert in maritime law:
Expertise in a Unique Legal Framework
Maritime laws can differ significantly from standard land-based laws. An attorney who specializes in this field will understand the unique regulations and statutes involved and make sure that everything you do aligns with the requirements.
The danger here is that you might miss out on something you’re entitled to, not because you don’t have a case, but only because you didn’t know how to bring it in precisely the right way. The courts have no sympathy for mistakes or ignorance in following the proper procedures and timeline requirements.
Strong Representation
Whether it’s presenting evidence in a compelling way, crafting arguments that convince the hearer, or negotiating effectively for settlements that get you what you’re really entitled to, having an expert ensures that your interests will be fiercely protected by someone with experience and skill.
Understanding of Industry Practices
Maritime law is confusing enough, but you also need to remember that there are specific industry practices, conventions, and standards at play, which a general legal expert may not understand at all. You need to work with a lawyer who understands life, work, and law in maritime environments.
Maritime law provides a way for injured workers to get justice and compensation, but given the complexity of maritime environments and regulations, as well as the significant consequences of making a mistake in filing a claim, qualified and experienced legal help is not optional but essential. To get an experienced maritime law professional fighting in your corner, contact Abraham, Watkins, Nichols, Agosto, Aziz & Stogner
today.