Louisiana seamen are sometimes injured or even killed while working aboard a navigable vessel. A federal law known as the Jones Act allows an injured crew member or officer — or the family of a deceased individual — to file a lawsuit against the seaman’s employer. The most important elements of a lawsuit filed under the Jones Act are the definition of a vessel and a seaman.
In a 2005 case, the U.S. Supreme Court clarified the definition of a vessel under the Act. In order to qualify under the federal law, a vessel must be considered a form of transportation on the water — in other words, navigable. For instance, a barge would be considered a vessel, but a stationary oil rig would not since it does not move.
Defining who a seaman is, however, largely depends on the case. A general definition is anyone who contributes to the operation or mission of the vessel. For example, workers excluded from this definition are dock workers and other longshoremen. In addition, the injured or deceased individual must have been employed by the owner of the vessel at the time he or she suffered the injury or died.
Every case is different, and often requires the assistance of someone versed in the litigation of maritime cases. If you meet that definition of a seaman and were aboard a qualifying vessel when you were injured — or your loved one was at the time of his or her death — a personal injury or wrongful death claim may be filed in a federal or state court in Louisiana. Successful lawsuits under the Jones Act could result in an award of damages, such as already incurred and future medical costs, lost income and related relief.
Jone's Act Maritime Offshore Injury
What is the Longshore and Harbor Workers Act?
Many Louisiana residents work on the state’s waterways. As is the case in any other profession, certain risks and dangers are associated with the job. However, those who work on our nation’s navigable waterways are not covered under traditional worker’s compensation programs. Instead, the federal government passed the Longshore and Harbor Workers Act.
The Act — which is administered the U.S. Department of Labor — provides benefits for medical care and lost income to those individuals who suffer on-the-job injuries and the families of a qualified worker who die as a result of such injuries. Qualified employees are those who work either full or part-time in maritime occupations such as longshoremen and harbor workers. It should be noted that an illness or disease contracting because of the injured party’s work is also covered under the Act.
One of the hallmarks of the Act is that an injured worker may obtain medical treatment from any physician he or she chooses. However, the U.S. Department of Labor maintains a list of medical practitioners who are for various reasons not authorized to provide care under the Act. Many types of disability payments are also available depending on the circumstances.
In the case of death, the surviving spouse, if any, is entitled to half of the worker’s weekly pay until he or she remarries or for life. Children are also entitled to a lower percentage of that pay unless there is no surviving spouse, in which case a child may receive that 50 percent. If multiple children qualify for benefits, they share equally in 66 and two-thirds percent. A $3,000 maximum is paid for funeral and burial costs.
The information about the Longshore and Harbor Workers Act provided herein is simply a general outline of who can receive benefits, what those benefits are and the amount of some of those benefits. Further information can be obtained from someone knowledgeable in the area of maritime injury or death claims here in Louisiana. This article is no substitute for obtaining legal advice on the subject matter.
Captain Suffers Fatal Tugboat Injuries on Louisiana Canal
It can be challenging enough to navigate one boat through Louisiana’s waterways, but tugboats are often navigating for two vessels or large equipment. This adds another dimension to the tugboat captain’s calculations when it comes to obstacles such as bridges. Recently, one captain suffered fatal tugboat injuries when something went wrong as he went under a bridge on the Inner Harbor Navigation Canal (IHNC).
That day, a crane needed to be relocated. As the tugboat captain navigated his boat and the crane through the Louisiana IHNC — also called the Industrial Canal — he required a bridge to be raised in order to pass through. He requested that the bridge be raised to a certain height in order to assure that the crane and his boat could safely pass.
In fact, the bridge was raised higher than he requested, which should have allowed for easy passage under the bridge. However, something went wrong, and the arm of the crane hit a portion of the bridge. The crane then collapsed onto the tugboat’s wheelhouse, where the captain was located.
The Coast Guard, the Harbor Police and New Orleans firefighters and paramedics responded. Despite their efforts to save the 46-year-old captain, emergency medical responders pronounced him dead at around 1 a.m. It took some time to clear the scene, and it could take a while to determine precisely what happened.
While the man’s family waits for answers regarding what led to the man’s fatal tugboat injuries, they will be burying their loved one; not only is his loss difficult, but his family may also have questions about their financial future. A special set of laws governs benefits for maritime workers and seamen. Benefits paid by an individual’s employer are available for the family, but in addition to that, other remedies may be available. Depending on the circumstances, the Jones Act may allow this family to sue their family member’s employer. A review of the case by someone knowledgeable in this area may be beneficial in helping this family deal with the losses incurred as a result of this man’s untimely death.
Seaman Claims Employer Violated the Jones Act in Louisiana Suit
The federal government recognized decades ago that seamen and other maritime workers needed compensation for injuries suffered on-the-job with the passage of the Jones Act and the Longshore and Harbor Workers Act. The latter act provides for workers’ compensation benefits for workers that are not seaman. Louisiana seaman are most likely aware that the Jones Act provides that they may seek damages for injuries suffered through the negligence of fellow crew members, masters or vessel owners.
It is the owner of the M/V Maersk Alabama that is being sued by a seaman injured during a customs inspection last year. According to court documents, a custom’s officer ordered the seaman to clean a freezer on board the ship. While completing this task, the seaman fell. When he fell, he injured his back and knee.
He claims that his employer failed to timely pay him benefits after a determination was made that he was not fit for duty last July. He accuses his employer, Waterman Steamship, of failing to provide a safe work environment and for failing to provide the crew adequate training in safety procedures. He also claims the master and crew were inactive at the time of his accident.
Every Louisiana worker whether on land or sea deserves a safe work environment free from hazards known to cause injury. Even when employers do what they can to provide a safe work environment and proper safety training, injuries can still occur. When a seaman is injured on duty, he or she is entitled to seek financial damages from his or her employer under the Jones Act.
Explosion on Offshore Oil Platform Off Louisiana Injures 11
An explosion off the coast of Louisiana sent 11 people to hospitals. There were 22 people on the offshore oil platform when the explosion occurred. Nine people were uninjured, and two others are still missing.
Of the 11 known people that were injured, two were flown to the Baton Rouge General-Mid City Burn Center and are in critical condition. Two other injured crew members were on their way to Baton Rouge by ambulance from Marrero, Louisiana. There is no word on the condition of those two or the other seven injured workers.
A crew has been dispatched to assess and clean up any pollution from the explosion. The Coast Guard unit stationed in Morgan City, Louisiana, will be leading the investigation into the cause of the explosion. Preliminary reports indicate that the explosion occurred when a worker was cutting into a pipe that still had oil in it with a torch. The fire has been put out and there is no indication that oil is leaking into the Gulf of Mexico.
Those who were injured in the explosion on this offshore oil platform may be able to receive benefits in accordance with the Longshore and Harbor Workers Act. This Act provides for compensation and medical care for those employees injured in the course of their maritime employment in the same way as workers’ compensation does in other industries. Anyone injured in the course of maritime employment may want to seek the advice of counsel to ensure they are receiving all of the benefits they are entitled to under relevant laws.
Costa Concordia Maritime Accident May Lead to Stricter Regulations
As many Lake Charles residents will recall, the Costa Concordia — a cruise ship owned by a subsidiary of Carnival Corp. — capsized off of the coast of Tuscany in mid-January. The maritime accident resulted in 17 confirmed deaths and an additional 15 people left missing. Purportedly, the ship’s captain ran the vessel ashore near the island of Giglio; the ship was ripped open by rocks, and it eventually capsized.
A number of survivors of the shipwreck and their families are embarking on lawsuits seeking compensation for their losses. According to a Thomson Reuters news report, Costa Cruises — the Carnival subsidiary company that owns the ship — offered the survivors of the maritime accident less than $15,000 each. Some believe the amount to be disrespectful, given the magnitude of the disaster.
So, how might these occurrences affect residents of Lake Charles, Louisiana? For starters, insurance companies will likely demand an increase in safety and training protocols for maritime staff, while implementing tighter regulations on the maritime industry as a whole. Regardless of the outcome of the investigation into the tragic accident, it is safe to say that the insurance company for Carnival Cruise Lines will be faced with some decisions. Reportedly, Carnival Corp. will lose up to $175 million in profits as a result of the incident, and it anticipates future effects as well.
No amount of reparation can replace the loss a loved one when tragedy strikes. However, the law provides that those who find themselves victimized by accidents like this are entitled to seek compensation for pain and suffering. An in-depth knowledge of the law can prove a substantial benefit in the wake of a painfully difficult situation.