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What Makes a Vessel Unseaworthy?

Compensation for Maritime Injury Cases

Working on the high seas is not for the faint of heart.  It is a challenging career that puts you in danger on a regular basis.  Heavy machinery, tackle, equipment and slippery decks, as well as treacherous weather and water conditions make maritime accidents inevitable.  If you are a seaman and have sustained a maritime injury, there is compensation available under a federal law known as the Jones Act.

Under the Jones Act, a maritime worker can pursue compensation for injuries caused by an offshore accident.  If there was any negligence on part of the vessel owner, captain or crewmembers, you may have a Jones Act claim.  An unseaworthy vessel, which could mean that a danger existed, could also entitle you to compensation.

Jones Act damages generally include pain and suffering, mental anguish, disfigurement, past and future lost wages, past and future medical expenses and other costs associated with the maritime injury. 

These types of cases can be complex, which is why you should contact a maritime injury lawyer following a maritime accident.  Also, there is a statute of limitations as to when you can file your Jones Act claim, so you need to take action immediately.  Contact Attorney Steve Lee for a free legal consultation at 713-921-4171 or 800-232-3711 today.

Are You Considered a Seaman Under the Jones Act?

The Jones Act provides protection for injured seamen and allows them to recover compensation for their injuries.  Under the Jones Act, a vessel owner or employer can be held liable for maritime injuries when the accident was the result of negligence or an unseaworthy vessel.  An unseaworthy vessel doesn’t mean it cannot stay afloat, it could mean the vessel has some type of condition that is dangerous for workers.

Injured seamen can also collect compensation even when negligence wasn’t a factor under the Jones Act.  This compensation is known as maintenance and cure and is designed to cover the injured maritime worker’s medical expenses and living expenses.

To qualify for a Jones Act lawsuit or maintenance and cure, the injured worker must be considered a seaman.  The Jones Act has three requirements that must be met to determine seaman status and the courts will review each one.  To prove seaman status the following must be shown:

• The worker had a relatively permanent connection to a vessel or identifiable group of vessels
• The vessels must be in navigation, but don’t necessarily have to be moving
• The workers’ duties must contribute to the mission or function of the vessel

If you have been injured while working on a vessel offshore, you need to contact a Jones Act attorney immediately to review your case.  Contact the Law Firm of Attorney Steve Lee today at (800) 232-3711 for legal advice.

The article, “Determining Seaman Status Under the Jones Act,” has more information on this topic.