Posted & Reviewed by Scott Armstrong - Dec 31st 2024
Crew members injured on commercial vessels face unique challenges but have multiple legal options to protect their rights and recover damages, including pursuing Jones Act claims. Whether you work aboard a tanker, container ship, or fishing vessel, maritime law recognizes the inherent dangers of the industry and offers robust legal protections. At Armstrong Lee & Baker LLP, located in Houston, TX, we understand the complexities of maritime injury cases and are here to help crew members explore every possible avenue for compensation.
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Crew members on commercial vessels have several legal options if they are injured, including:
Maritime law provides robust protections for injured seamen, but navigating these options can be complex. That’s why it’s crucial to consult with experienced maritime injury attorneys like those at Armstrong Lee & Baker LLP, who can help you identify the right course of action.
Crew members can sue their employer for negligence if they can prove that the injury was caused by unsafe working conditions, inadequate training, or failure to maintain equipment.
A Jones Act claim is a specific type of legal action brought by maritime workers (or their survivors) against their employer for injuries or death sustained while on the job. The Jones Act, also referred to as the Merchant Marine Act of 1920, protects crew members and masters of vessels operating on U.S. navigable waters.
To successfully pursue a Jones Act claim, injured workers must prove that:
Examples of negligence under the Jones Act include:
If a Jones Act claim is successful, injured crew members may recover damages such as:
The role of a maritime attorney in Jones Act cases is crucial. At Armstrong Lee & Baker LLP, we handle the legal complexities, gather evidence, conduct thorough investigations, and present strong cases to establish employer liability.
If the ship was not properly maintained or equipped, the shipowner could be liable for operating an unseaworthy vessel.
Unseaworthiness claims focus on the condition of the vessel, which must be reasonably safe for the crew to perform their duties. Examples of unseaworthy conditions include:
These claims differ from Jones Act claims in that they specifically target the shipowner’s responsibility to provide a seaworthy vessel. Compensation for unseaworthiness claims can include damages for medical bills, pain and suffering, and lost wages.
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Crew members can pursue lawsuits against parties other than their employer or the shipowner, such as third-party contractors or equipment manufacturers.
Under general maritime law, injured crew members may hold negligent third parties accountable for their role in creating dangerous conditions. Examples include:
These lawsuits allow crew members to expand liability beyond the employer or shipowner, potentially increasing the compensation available. At Armstrong Lee & Baker LLP, we work to identify all responsible parties to ensure maximum recovery for injured maritime workers.
Injured seamen can receive basic living expenses and medical treatment until they are fit for duty or reach maximum medical recovery.
Maintenance and cure are no-fault benefits that cover the following:
For instance, if a crew member suffers a knee injury while working, maintenance payments can help cover rent and groceries, while cure benefits pay for doctor visits and surgery. These benefits are crucial for injured seamen to recover without financial strain.
However, disputes over maintenance and cure payments are common. Employers or shipowners may attempt to underpay or deny these benefits. At Armstrong Lee & Baker LLP, we fight to ensure crew members receive the full maintenance and cure benefits they are entitled to under maritime law.
Crew members can resolve disputes outside of the court system through arbitration. The arbitrator will hear both parties’ cases and render a decision.
Arbitration clauses are often included in employment contracts for maritime workers, requiring disputes to be resolved outside traditional litigation. While arbitration can be faster and less expensive than filing a lawsuit, it has its downsides. Arbitration decisions are typically binding, and legal options may be more limited compared to a court case.
In some cases, arbitration can unfairly favor employers or shipowners. That’s why it’s critical for injured seamen to have legal representation during arbitration. At Armstrong Lee & Baker LLP, we ensure crew members’ rights are protected and advocate for fair resolutions during arbitration proceedings.
Injured maritime workers in Houston face significant challenges when seeking compensation for workplace injuries. With extensive experience in maritime law, our skilled attorneys assist crew members in pursuing damages through Jones Act claims, unseaworthiness lawsuits, maintenance and cure benefits, and other legal avenues.
Legal representation tailored to the unique needs of maritime workers is essential. Whether navigating the complexities of a lawsuit or resolving disputes through arbitration, the experienced maritime lawyers in our team are dedicated to securing the best possible outcomes for injured crew members.
If you’ve been injured while working as a crew member, don’t wait to seek legal help. Armstrong Lee & Baker LLP is dedicated to helping Houston maritime workers recover the compensation they deserve. Call us at 832-402-6637 to schedule a free consultation, or visit us at 2800 N Loop W #900, Houston, TX 77092. We’re here to fight for you every step of the way.
Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.
Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.
This page has been written, edited, and reviewed by a team of lawyers following our comprehensive editorial guidelines. Our lawyers have more than 20 years of legal experience as personal injury attorneys.
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