As one of the world’s largest seaports, Houston is home to many people who work in the maritime industry. These desirable jobs are exciting and well-paid, but they also carry a high risk of injury and even death. Maritime workers face hazardous conditions on a daily basis, and they need to be aware of their rights if they are injured on the job. Unlike workers on land, a maritime worker might be entitled to file a personal injury lawsuit against their employer in addition to filing a claim for the maritime equivalent of workers’ compensation.
If you are a seaman or other maritime worker in Texas, it’s important that you understand your rights when you are injured on the job. The most important of those rights might be your right to an attorney to guide you through the Jones Act injury claim process.
Table of Contents
- How Does the Jones Act Protect Maritime Workers?
- Top Employer Negligence Examples for Jones Act Lawsuits
- Lack of Proper Training
- Inadequate Safety Protocols
- Insufficient Maintenance
- Lack of Safety Equipment
- Unsafe Working Conditions
- Overworking Crew Members
- Inadequate Medical Facilities
- Ignoring Weather Warnings
- Improper Cargo Handling
- Ignoring Regulatory Compliance
- Inadequate Supervision
- Substandard Vessel Conditions
- How to Prepare for Your Lawsuit
How Does the Jones Act Protect Maritime Workers?
Workers on board vessels operating in navigable waters are protected by the Jones Act, which was passed in 1920 to regulate maritime commerce in the U.S. The Jones Act offers more generous protections to maritime workers than most workers on land get. On land, a worker is entitled to file a claim for workers’ compensation if they are injured in the course and scope of employment, and their employer subscribes to workers’ comp, but they are barred from suing their employer for negligence, even if the employer failed to provide safe working conditions. Compensation is limited to coverage for medical bills and lost wages.
Under the Jones Act, maritime workers have the option to file a negligence lawsuit if their employer’s or coworker’s negligence or carelessness was the cause of the accident that resulted in their injury. If the lawsuit is successful, the seaman can recover damages for pain and suffering, mental anguish, past and future medical care, and past and future economic loss. They are also entitled to maintenance and cure, which is similar to standard workers’ comp benefits.
Top Employer Negligence Examples for Jones Act Lawsuits
Maritime employers have a responsibility to maintain safe working conditions for their employees. When they fail in this duty, workers can be seriously injured. If negligent actions such as the following played a part in your accident, you can rest assured that we will pursue an injury lawsuit.
1. Lack of Proper Training
Failure to provide adequate training for employees on how to operate vessels, use equipment, and handle cargo safely can result in accidents and injuries. If a coworker’s ignorance of safe practices led to your injury, your employer can be held accountable.
2. Inadequate Safety Protocols
Your employer is required to establish and enforce safety protocols and procedures for various maritime operations, including vessel maintenance, loading, and unloading. A lapse in safety protocols could cause a serious injury.
3. Insufficient Maintenance
Neglecting routine maintenance and inspections of vessels, equipment, and facilities can lead to equipment failures and accidents. It is your employer’s responsibility to ensure that equipment is in good working order.
4. Lack of Safety Equipment
Failing to provide necessary safety equipment, such as life jackets, personal protective gear, and safety harnesses, can increase the risk of injuries or fatalities. If your injury happened because you did not have the required safety gear, you could have grounds for a lawsuit.
5. Unsafe Working Conditions
Allowing employees to work in hazardous conditions, such as slippery decks, poorly lit areas, or congested workspaces, without taking appropriate precautions is negligent. If injuries occur as a result, the employer should be held liable.
6. Overworking Crew Members
Forcing crew members to work long hours without adequate rest can lead to fatigue-related accidents. Enforcing mandatory breaks, scheduling a large enough crew for the job, and ensuring that the timeframe for the job is sufficient are important responsibilities of maritime employers and supervisors.
7. Inadequate Medical Facilities
Not having proper medical facilities or trained medical personnel on board vessels or at port facilities can hinder timely medical assistance in case of injuries. If your minor injury was made worse due to lack of medical treatment, you could have a claim for negligence.
8. Ignoring Weather Warnings
It is negligent to send vessels out in severe weather conditions without regard for safety or providing adequate shelter for workers during adverse weather. If injuries or fatalities result, the victims or their families might have grounds for a Jones Act lawsuit.
9. Improper Cargo Handling
Failing to secure cargo properly can lead to shifting loads and accidents during loading, unloading, or transport. It is the employer’s responsibility to ensure that cargo is handled properly to safeguard their employees.
10. Ignoring Regulatory Compliance
Disregarding maritime safety regulations and industry standards can lead to violations that put workers at risk. After an accident at sea, an investigation can reveal instances of non-compliance with safety standards.
11. Inadequate Supervision
Failing to provide proper supervision of employees and ensuring they follow safety procedures can lead to lapses in safety and devastating accidents.
12. Substandard Vessel Conditions
Allowing vessels to operate without meeting safety and maintenance standards, including issues with seaworthiness, is a prime example of negligence on the part of the vessel’s owner that could lead to serious injuries and deaths.
How to Prepare for Your Lawsuit
The good news is you are not alone after an injury at sea. Attorney Joe Terry has been representing injured semen in Jones Act claims for many years. As soon as you call him, he will get to work investigating the circumstances of your injury and helping you get maximum compensation.
In the meantime, it’s important that you report your injury and seek medical care as soon as possible after your accident. Following your employer’s reporting process and having medical records to document the time and extent of your injury will play a key role in a potential Jones Act lawsuit. The next thing you should do is call Terry & Thweatt, P.C., and hand the reins over to us. We will take over the heavy lifting and guide you throughout the process so that you can focus on recovering from your injuries.
