This blog recently discussed admiralty and maritime law and its purposes and applicability. A floor hand on a drilling ship is seeking damages in Louisiana for injuries he sustained to his back. The floor hand recently brought a claim for negligence against his employer for the injuries he suffered. The floor hand asserts in his lawsuit that the Jones Act applies to him. The man is seeking damages for his injuries.
The lawsuit accuses the companies that employed the man of negligence for requiring him to work in dangerous conditions and failing to provide him with proper equipment to complete the work pulling slips.
According to the lawsuit, while the injured floor hand was pulling slips on the ship during poor sea conditions, he injured his back. As a result of the injury to his back, the man states in his lawsuit that he suffered damages, including past and future medical expenses; loss of income and lost earning capacity; loss of enjoyment of life and pain and suffering damages.
The Jones Act provides protections for injured seaman. It gives them the right to bring a claim for negligence against their employer to recover damages for injuries suffered while at sea. In general, injured seaman may be able to recover damages under the Jones Act including past and future medical expenses, found or the value of room and board to the seaman had he remained at sea, lost earning capacity, pain and suffering damages as well as additional damages depending on the circumstances.
There are certain definitions workers injured at sea must be familiar with and meet to bring a claim for damages under the Jones Act. In general, many protections are available but because certain requirements must be met, it is important for injured seaman to be aware of their rights and the options available to them when they have been harmed.
Source: Louisiana Record, “Floor hand who suffered back injuries lays blame on his employers,” Hoang Tran, March 9, 2016