Crew Claims

Seaworthiness

Crew claims for illness and injury while under employment on vessel in navagable waters are covered by maritime law. Under general maritime law, a shippng company has an absolute duty to provide a seaworthy vessel. A seaworthy vessel includes proper training for crew, hiring a competent crew, hiring a sufficient number of crew, using safe working methods, using safe equipment that functions as intended, engaging in safe navagation practices, and looking out for the safety and well being of the crew.

The Jones Act

The Jones Act is a law enacted by Congress that adds to the obligations of a maritime employer. In addition to providing a seaworthy vessel, under the ones Act the employer must provide the seaman with a safe place to work, and if a seaman becomes injured or ill, the employer must provide the seman with prompt and adequate medical treatment. This is a non-delegable duty, which simply means that the employer will be responsible if the doctors it chooses commits medical malpractice and causes additional injury to the crew member.

The Jones Act allows for full recovery for injury to a crew member, unlike traditional state workers’ compensation laws and the Longshore and Harbor Workers’ Compensation Act, which limit compensation. Administration of recovery under the Jones Act also does not require state or federal agencies, but instead a judge, jury, or arbitrator will determine the recovery amount for the injured party.

Employees covered by the Jones Act include members of a ship’s crew, masters of the crew along with any employee with a significant employment connection and of substantial duration of employment with the vessel or fleet or whose job functions contribute to the operation of the vessel or fleet. As a rule of thumb in determining employee qualification for Jones Act coverage, any employee who spends over 30% of their work on a vessel in navigation qualifies as a seaman and is entitled to file a claim. The Jones Act generally does not cover employees who work on contract and alternate their work time between various vessels that are not under joint ownership of one company. Such employees would have to file claims under the Longshore and Harbor Workers’ Compensation Act or under general maritime law.

Maintenance and Cure

In addition to the above, the maritime employer is responsible to provide medical treatment and maintenance to any crew member who is injured and becomes ill while in the service of the vessel. This duty is also non-delegable, and must be provided even if the injury or illness occurs as a result of the seaman's own negligence. The failure of the employer to provide maintenance and cure can lead lead to an award for damages in favor of the seaman.

Examples of the types of Crew Claims the firm has handled include:

Crew Member was awarded $1,034,000 against the cruise line for failing to provide maintenance and cure
Crew Member received $3,250,000 for injuries he suffered when crushed by a refrigerator
Crew Member received $1,500,000 for a brain abscess due to untreated dental infection
Crew Member received $900,000 for kidney damage as a result of mistreated high blood pressure
Crew Member received $850,000 for complications from improperly treated diabetes and hypertension
Crew Member received $700,000 for improperly treated HIV/AIDS
Crew Member received $5,000,000 for brain injuries caused by delayed resuscitation on the ship
Please see our case results list for other examples

For excellent legal representation for serious injuries or illnesses suffered as a result of negligence at sea, please arrange a consultation to discuss your case. The Law Office of Steven M. Dunn will make every effort to see that you receive the compensation entitled by law. Call 305-868-1400 or toll free at 1-888-576-9076, or contact us online today.