Maritime workers often face hazardous weather conditions. Storms, high winds and rough seas can all lead to serious accidents.
If weather played a role in your maritime injury, it is important to know how this could affect your ability to receive compensation.
Report the injury immediately
After any maritime injury, it is critical to report the incident right away. Be sure to give a full account of what happened, including how the weather contributed to the accident. The sooner you fully document the injury, the stronger your case will be.
Gather evidence
Take note of the weather conditions at the time of the injury. If possible, get photographs or videos that show the weather’s impact on the vessel or work environment. Witness statements from co-workers can also help confirm that the weather created dangerous conditions.
The role of negligence in weather-related injuries
In Louisiana, weather conditions do not automatically excuse an employer from responsibility. Maritime employers have a duty to provide a safe working environment, even when the weather is bad. For example, an employer must ensure that workers receive proper training and that safety protocols are in place. If an employer fails to follow safety measures or allows the vessel to operate in unsafe weather, the injured worker may still have a right to compensation under the Jones Act.
How weather impacts maintenance and cure benefits
Even if negligence was not a factor, injured maritime workers have the right to maintenance and cure benefits. This includes compensation for living expenses and medical costs while recovering. Workers may receive these benefits regardless of whether the weather contributed to the injury. It is important to keep detailed records of medical treatment and other expenses related to the injury.
Weather can play a significant role in maritime injuries, but it does not prevent an injured worker from seeking compensation. By following the proper steps, as with any workplace maritime accident, you can protect your rights and pursue compensation for your injuries.
