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.
Seamen
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.