A man has filed a Jones Act injury lawsuit after he says he was injured boarding a vessel by use of a swing rope.

The alleged incident occurred on or about Oct. 24, 2017 when plaintiff Joseph A., an employee of Crosby Energy Services, was boarding the vessel named the Captain Levert. Alfred alleges he was transferring to the vessel onto the back deck in waters adjacent to a platform. He says he was following directions of the captain and/or officers on the vessel when he used the swing rope.

According to the Jones Act injury lawsuit, the accident happened because employees were improperly trained by named defendants Barry Graham Oil Service, LLC and Energy XXI Services, LLC, the company that chartered the Captain Levert.

Details of a Jones Act Injury

Employees who work on a vessel and meet certain other qualifications are considered seamen, and as such, are covered by the Jones Act, also known as the Merchant Marine Act. Congress passed this act in 1920 to allow seamen who become injured or ill while working on a ship to receive assistance through the Federal Employers Liability Act (FELA).

An employee may file a Jones Act injury lawsuit if he is hurt while living aboard the ship on an excursion or when he is arriving upon or leaving from the vessel.

According to Alfred’s Jones Act injury lawsuit, Barry Graham Oil Service and the crew of the Captain Levert failed “to safely and properly adhere to company standards concerning the proper rope transfer rules onto the vessel.”

Other allegations include, but are not limited to:

• Failing to follow company rules and regulations regarding a person transferring on to the vessel;
• Failing to monitor weather and sea conditions at the time the accident occurred;
• Failing to provide a vessel fit for its intended use;
• Failing to warn of a dangerous condition on the ship and the dangerous condition of the ship’s equipment.

Energy XXI and its crew are accused of failing to safely adhere to company standards of crane operation aboard the platform; failing to train employees to safely operate a crane; and failing to properly oversee contractors, among other allegations.

Both companies are accused of failing to conduct a Job Safety Analysis (JSA), which is an analytical process that uses a series of questions and answers to seek and control job hazards before an accident can occur. The JSA should include written job safety procedures that are complete, current and applicable to the excursion.

Alfred allegedly suffered serious injuries that have resulted in past and future physical and mental pain and suffering, loss of enjoyment of life, disability, medical expenses, past and future loss of earnings and loss of earning capacity.

Alfred asserts his Jones Act injury could have been avoided if not for the alleged negligence of both companies and the Captain Levert crew. Under the Jones Act, a ship’s owner may be found negligent by a variety of different circumstances, and responsible for compensation.

The Jones Act Injury Lawsuit is Case No. 6:18-cv-01522-MJJ-CBW in the 13^thJudicial District Court, Parish of Evangeline, State of Louisiana.