After suffering from a debilitating injury aboard a tugboat, a Louisiana man seeks compensation for his maritime accident under the Jones Act.

Plaintiff Jeramey W. aims to hold Dale Martin Offshore LLC accountable for his injuries sustained on one of their ships under the Jones Act, a specific law governing maritime accident law.

Jeramey argues that he was employed by Dale Martin Offshore as a Jones Act seaman while working aboard the tugboat Relentless. On Aug. 18, 2017, Jeramey says he was attempting to build tow upon a vessel when he was severely injured, causing “severe and disabling” damage to his right shoulder.

“Due to the injuries sustained by Plaintiff, [Jeramey W.], he has endured physical disability, has suffered grievous physical and mental pain and anguish, embarrassment, and is entitled to recover [compensation],” the maritime lawsuit states.

The maritime accident lawsuit claims that Dale Martin Offshore failed in its duty to Jeremy by failing to provide him with a safe place to work, failing to create a safe work environment, failing to provide adequate assistance, and other acts of negligence.

“Under the general maritime law, it was the duty of Defendant, DMO, as the owner and operator of the M/V RELENTLESS, to furnish its seamen employees with a safe place to work, with safe gear, appurtenances and equipment, with an adequate crew and a seaworthy vessel,” the maritime accident lawsuit argues.

Jones Act Lawsuit

Accidents which occur onboard a ship are typically subject to unique maritime accident laws different from those that apply to on-land personal injury cases. Maritime accident law allows seamen such as Jeramey to recover compensation for their injuries. Relevant laws also allow seamen such as Jeramey to recover wages, maintenance, and cure for the time that injuries and recovery time prevent working and performing seamen duties.

The Jones Act, also known as the Merchant Marine Act, was passed in 1920 to help seamen who were injured in maritime accident while working aboard a vessel. A variety of accidents and injuries are covered by the Jones Act, including capsizing, collisions, fires, explosions, maritime accident caused by rough seas, slips and falls, food poisoning, falling objects, injuries during construction, and more.

In order to be considered a Jones Act seaman, a worker must spend at least 30 percent of their time working on a vessel or group of vessels under common ownership. Passengers on ships are not eligible for compensation under the Jones Act, but the law does benefit a variety of seamen including crew members, officers, captains, and masters on the vessel.

The maritime accident lawsuit seeks compensation for Jeramey’s injuries in the sum of $1.5 million with interest and a sum of $100,000 with interest for wages, maintenance, and cure. Additionally, the lawsuit seeks compensatory damages, punitive damages, court costs, and attorneys’ fees.

The Maritime Accident Lawsuit is Case No. 6:18-cv-01479-MJJ-CBW in the U.S. District Court for the Western District of Louisiana.