A sailor has filed a personal injury at sea claim against her employer, Kawil LLC, claiming that the company should be held liable for the back injury she suffered while on the job.

Plaintiff Freya L. says that she is a 30-year old woman who works as a professional sailor and crew member on yachts.

She claims that in September 2018, she was working aboard the 112’ food sailing vessel Kawil in Newport, Rhode Island when she hurt her back in the normal course of her work.

She aims to hold the owner of the vessel, Kawil LLC, liable for her injury.

Back injuries are one of the most common injuries suffered by sailors because of the hazards that can come along with their work. Lawsuits like Freya’s are one way in which sailors can advocate for safe working conditions and possibly receive compensation for injury.

Other cases of maritime injury have affected multiple people at once, including accidents aboard a ship. The Straits Times reported on a recent ferry fire that could have been very dangerous but fortunately injured no one, according to reports. 

The New York Times reported on updates to maritime law in the last decade, and these updates could possibly open up opportunities for ship employees to file legal claims.

According to Freya, her injury occurred when she was working aboard the vessel and was removing lines from a forward hatch. She says that she was under orders to clear the ship’s forepeak hatch space of contents so that the interior could be painted. She states that the hatch space was accessed through a hatch on the forward deck of the ship, and a ladder was used to descend to the sole (bottom) of the hatch.

The Kawil personal injury at sea claim states that “the ladder used to enter and exit the forepeak hatch interior was mounted in such a way that anyone ascending the ladder had to maneuver at the top in a twisting fashion in order to bridge the gap between the ladder and the edge of the hatch opening. 

Allegedly, when she was exiting the hatch while carrying a length of line, as instructed, she had to twist her body and injured herself in the process. 

Freya argues that while twisting to exit the hatch space, she heard a “pop” and a “crunch” noise in her lower back. Allegedly, this caused her pain, a loss of range of motion and other symptoms that are “consistent with a serious injury.” She states that the injury has persisted since the incident.

Freya states that the medical attention required to treat the injury is beyond her financial means. She says that she has not yet reached maximum medical improvement. She also argues that in addition to the physical injury she suffered as a result of the incident, she also suffered and will continue to suffer emotional pain and injury.

Freya’s personal injury at sea lawsuit aims to hold Kawil accountable for her injury, stating that the company knew or should have known that the hatch posed a hazard to those using it in a normal fashion, but did not take adequate steps to make the situation less hazardous.

She also argues that the company did not respond adequately to her injury, by not filling a Report of Marine Casualty with the U.S. Coast Guard, which she claims is required in this case.

The Kawil Personal Injury At Sea Lawsuit is Case No. 1:18-cv-00699-JJM-PAS, in the U.S. District Court for the District of Rhode Island.