By Laura Pennington  |  December 31, 2018

Category: Labor & Employment

seamen with maritime injury can file under the Jones ActA man who suffered a maritime injury on the job says that his employer is responsible for the conditions that caused the accident.

Plaintiff Paul D. has initiated a maritime injury lawsuit against L&L Marine Transportation Inc. He alleges that he suffered a maritime injury while working for his employer and that the employer is responsible for the condition that caused him to sustain an injury on the job.

The maritime injury lawsuit says that on Jan. 7, 2016, the plaintiff was employed as a crew member on the M/V Angelo Rae. He allegedly sustained a maritime injury and accident while performing this work assignment while tightening a winch wire.

According to the maritime injury lawsuit, the winch suddenly lost tension and caused the plaintiff to fall back and sustain serious injury. He argues in his lawsuit that the accident and associated damages were caused exclusively by the defendant’s negligence and that L&L Marine is responsible for failing to warn, failing to take reasonable precautions to prevent unsafe and unfit conditions and failing to provide him with a safe place to work.

Maritime Injuries

Paul says in his maritime injury lawsuit that he has suffered injuries to his lower back and has become partially disabled because of the accident. He reports painful and lasting injury to his lumbar spine and says he no longer has the ability to work as he did prior to the accident.

He also states in the lawsuit that he now has impaired enjoyment of life and can no longer engage in recreational activities as he did before. Paul says that he anticipates having to incur additional damages for wage losses, pain and suffering and medical expenses in the future.

The maritime injury lawsuit says that the defendants specifically have refused to pay him the maintenance and cure benefits due to him in a reasonable time frame because of the injuries he sustained on the ship.

Paul’s maritime injury lawsuit seeks reasonable damages, maintenance and cure benefits at a rate of $50 per day, plus attorney’s fees and costs until he achieves maximum medical improvement, and additional compensatory or punitive damages for the defendants’ refusal to pay the maintenance and cure benefits.

The Jones Act

While ships always include dangerous working conditions, it is the responsibility of the employer company to take necessary precautions to minimize the risk of injuries on the job. The Merchant Marine Act, or Jones Act, supports seamen who suffer offshore injury, encouraging an injured employee to get help through all means available.

Work conditions that are inherently dangerous should be addressed with training, risk minimization strategies, and proper employee gear. When an employer company fails to consider this, workers are put in harm’s way and can suffer life-changing injuries.

Severe physical injuries that happen offshore could prohibit that employee from being able to return to his or her position, thus leading to significant lost wages.

Anyone who sustains a maritime injury on the job might have grounds to pursue a lawsuit against the employer when it can be shown that the employer did not provide a safe working environment.

Paul’s Maritime Injury Lawsuit is Case No. 2:18-cv-13767-NJB-JVM in the U.S. District Court, Eastern District of 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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