You might already know that the Jones Act allows you to potentially recover compensation after a maritime accident. Claims under the Jones Act are based on negligence.
Many times, that negligence comes from the owner of a vessel. Sometimes, it is a fellow crew member whose negligence causes your injury.
Mistakes or errors by a crew member can often cause injury to others on the ship. A crew member who fails to follow proper procedures and causes you an injury can leave you with high medical expenses and an inability to work.
Activities that can lead to an injury
There are ways injuries from crew members occur. Injuries can occur when cleaning decks, loading or unloading cargo, operating heavy machinery or working with dangerous substances.
In this scenario, you still have the option of filing a claim under the Jones Act. The Jones Act holds employers responsible for the negligence of their employees when that negligence comes from a failure to appropriately train and manage crew staff.
Negligence is comprised of four elements:
- Duty
- Breach
- Causation
- Damages
Proving the elements of negligence
A vessel operator has a legal duty of reasonable care. This duty extends to everyone who works on board the vessel. Part of this duty is training the staff.
This includes hiring qualified staff, providing them with proper initial training and equipping them with the tools they need to perform their jobs safely. It also includes managing and supervising staff to ensure they follow all procedures and providing additional training as necessary.
When a vessel operator fails in this duty, they have breached this duty. A breach that causes you injury could mean you have a claim for damages.
You must prove your damages to establish negligence. Proof of damages can come in the form of medical bills, photographs of your injury, documentation of lost wages and/or your testimony about the pain and suffering the injury caused you.
Be prepared for these defenses
One defense you must be prepared to counter is the assertion that you were acting outside the scope of your duties when the injury occurred. To succeed in a Jones Act claim for negligence, you must have been engaging in an action within the scope of your employment at the time.
Additionally, the maritime industry is one commonly known to have inherent dangers. A vessel operator accused of negligence for improperly training or supervising staff may argue that the situation that caused your injury was a foreseeable part of working in the maritime industry.
You must have evidence ready to show that even with the inherent risk of injury, the sea vessel owner’s act, or failure to act, caused a danger that was outside the scope of the foreseeable dangers of working on a vessel.
Filing a claim under the Jones Act after a maritime injury can be complicated. If you are new to the process, it is best to have guidance. This increases your chance of receiving the compensation you deserve which allows you to focus on recovery and healing.