Merchant seamen play a vital role in New England’s maritime industry, ensuring the movement of goods and resources across local and international waters. Defined under maritime law, these hardworking individuals include crew members from captains, mates, engineers, deckhands, cooks to stewards on cargo vessels, tankers, container ships, tug boats, barges, supply ships, LNG’s, and other commercial ships. Their work is physically demanding, often taking place in hazardous conditions like rough seas, icy decks, and unpredictable weather.
For merchant seamen injured on the job, it’s crucial to understand their rights under the Jones Act. One of the most important laws for seamen is The Jones Act, which allows injured crew members to seek compensation for injuries caused by employer negligence. Merchant seaman can also recover under general maritime law for unseaworthiness.
Common Causes of Merchant Seamen Injuries
Merchant seamen face a variety of risks as they work tirelessly to keep vessels operating and essential goods moving. The most common causes of merchant seaman injuries include:
- Equipment malfunctions, including defective or improperly maintained machinery;
- Unsafe Operations
- Improper procedures for performing jobs;
- Improper procedures in operating equipment such as winches;
- Inadequate Training
- Failure to repair equipment
- Failure to provide safety equipment or safe procedures
- Electrical hazards
- Heavy lifting and repetitive motions lead to musculoskeletal injuries
- Slips and Falls from heights or overboard incidents during vessel operations
Addressing these risks is essential to improving the safety of merchant seamen, whose hard work contributes significantly to the maritime industry.
Compensation Recoverable for Injured Seamen
- Medical expenses and costs (past and future)
- Lost wages, future lost wages and diminished earning capacity
- Pain and suffering and mental anguish caused by the injury
- Physical disfigurement
HOW LONG DO I HAVE TO FILE A CLAIM?
If you’ve been injured as a merchant seaman in New England, it’s crucial to understand the time limits for filing a Jones Act claim. Generally, you have three years from the date of your injury to file a claim or pursue legal action, however if you work on a USNS vessel, Military Sealift Command or government owned vessel, it can be as early as two years with a notice provision of less than two years. The statute of limitations is a firm deadline, and failing to file your claim within this period can result in the permanent loss of your right to seek compensation. Therefore, it’s vital to contact an experienced maritime attorney as soon as possible after an injury to ensure all deadlines are met and your claim is properly pursued.
WHY YOU NEED AN EXPERIENCED JONES ACT ATTORNEY
Securing competent legal representation is essential when handling a Jones Act claim, as these cases involve specific legal and maritime knowledge that goes beyond general personal injury law. A seasoned attorney specializing in maritime cases is well-versed in the intricacies of maritime regulations and employer duties. At Latti Associates, our attorneys understand how to gather persuasive evidence, from accident reports to medical records, while consulting with maritime experts to build a solid case. Our specialized knowledge is key to demonstrating how employer negligence or the vessel unseaworthiness contributed to your injury and ensuring all legal avenues are explored.