By Amanda Antell  |  March 6, 2019

Category: Labor & Employment

Ship Accident Injuries can happen in unsafe environmentsA man from Florida recently filed a Jones Act lawsuit against Hornbeck Offshore Services LLC, after allegedly suffering serious ship accident injuries.

The Jones Act lawsuit alleges these incidents could have been prevented had the proper maintenance and precautions had been taken by the company, which allegedly created a dangerous work environment for their seamen.

Plaintiff Emanuel C. says he was employed as an “Able Seaman” and was a member of the crew aboard the motor vessel HOS CAROUSEL. He reportedly sustained serious ship accident injuries during the course of his employment. More specifically, the Jones Act lawsuit states Emanuel suffered these injuries on Feb. 25, 2018 while attempting to free cables on drilling pipes.

These drilling pipes were allegedly not safely stowed aboard the vessel, which reportedly caused Emanuel to suffer an injury to his left knee and other parts of his body. His Jones Act lawsuit also states that there were not enough crew members and that there were insufficient materials and equipment aboard that made securing the cables a dangerous process.

As a seaman, Emanuel claims entitlement to maintenance and compensation commencing on Feb. 25, 2018, and he says he will continue to be eligible for this coverage until he reaches maximum medical cure. This essentially means that Hornbeck Offshore Services should cover Emanuel’s medical expenses up until he is fault recovered or until he is in the same physical condition as before the ship accident injuries occurred.

The Jones Act lawsuit further states that payment is until he is able to perform manual labor, and is able to support himself and his loved ones.

Overview of Jones Act Seamen Coverage

The Jones Act, or Merchant Marine Act, was passed by Congress in 1920 in order to help protect the rights of seamen who sustained illness or injuries while working aboard a ship.

The Jones Act covers a variety of situations that could befall a seaman while aboard a vessel, ranging from food poisoning to death. It supports seamen with injuries from serious situations including:

  • Capsizing
  • Collisions
  • Fires
  • Explosions
  • Accidents related to Rough Seas
  • Slips and Falls
  • Food Poisoning
  • Falling Objects
  • Injuries from Construction

There are also Jones Act lawyers who support family members of those who were killed in a maritime accident.

The Jones Act ultimately formalized the rights of seamen and provided them a pathway to filing legal action against the respective shipping companies they worked for, in the event of any illness or injury that could have been prevented if proper safety precautions and equipment maintenance had been exercised. The Jones Act also regulates maritime commerce in the United States, and is a very important policy concerning maritime jobs.

However, it is important to note that the Jones Act does not apply to all employees in the shipping companies; it is only applicable to people who spend at least 30 percent of their time aboard one or more vessels belonging to the company. This can range from the captain to other crewmen who spend the majority of their time aboard, ensuring the ship and its cargo will make it to their destinations.

Emanuel says he is included in this group and is therefore seeking damages for various counts of negligence, including failure to have sufficient equipment available and the company not exercising proper safety precautions that would have contributed to the safety of his workplace.

This Jones Act Lawsuit is Case No. 2:19-cv-00648-JTM-MBN, in the U.S. District Court of Eastern Louisiana.

If you sustained an offshore injury as a worker on a commercial vessel or you were subjected to sexual harassment or discrimination as a maritime worker, you may qualify to join this maritime lawsuit investigation.

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