Ship Worker Awarded $6 million After Shipyard Personal Injury
In New Orleans a federal judge recently awarded a former ship worker almost $6 million after a chemical solution burst from a hose while he was working on the ship and caused his personal injury. Over 45 percent of the man's body was burned due to the boat accident , and he was held in a burn center for a month.
This personal injury admiralty lawsuit involved the Jones Act. The Jones Act allows sea-based employees to be compensated for mishaps occurring from employer negligence. The Jones Act primarily intends to protect those working on ships from unsafe conditions and allows injured seamen to collect "total damages" for injuries resulting from such, including lost wages and pain and suffering. Under current admiralty/ maritime law, negligence under the Jones Act is:
"the failure to exercise the degree of care which an ordinary prudent person would use under the circumstances in discharging the duty that he owes to those who work on a vessel."
Proving an employer's negligence involves at least showing the employer should have reasonably anticipated the danger of bodily injury to a member of the crew. An experienced Missouri personal injury attorney will be able explain this in further detail during a free initial consultation.
In the foregoing case, the court found that the corporation should have known or anticipated bodily injury from chemicals aboard the ship; the corporation admitted liability and recognized they breached a duty owed to their employees.
A ship owner has a continuing duty, just as other employers do, to provide reasonably safe workplace conditions and to use ordinary care in maintaining work premises in a reasonably safe way. Ship owners have this duty not only on the vessel, but also on the dock, shore and adjacent land. It is common for personal injuries to occur in all of those locations.
The Jones Act differs from typical workers compensation laws. Both deal with injured employees and the "negligence" requirement. Employer negligence must be proven when dealing with maritime law, where it is not necessary in workers compensation claims. Meaning, if you are injured while employed on a sea vessel, leading to a Jones Act claim, it is critical to contact an experienced personal injury lawyer with specialized knowledge in dealing with maritime law.
As a law firm experienced in Maritime Law, we are happy to discuss your case with you and answer any questions you may have. If requested, we will immediately and aggressively take action on your behalf.
The call and attorney consultation are free. Our personal injury attorneys can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call us today and we will answer all the questions and concerns you may have. There is no fee unless we recover for you.
If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit www.BargeAccidentLawGroup.com for more information.
