Yes. A seaman may be able to sue an employer under the Jones Act when unsafe working conditions cause or contribute to an injury. Vessel owners and maritime employers have duties to provide seamen with a reasonably safe place to work.
Unsafe conditions can include defective equipment, slippery decks, inadequate training, unsafe work methods, insufficient crew, dangerous ladders, improper lifting procedures, and other hazards aboard a vessel.
At Gilman & Allison, LLP, our Texas Jones Act lawyers represent injured seamen, deckhands, captains, engineers, and other vessel crew members in serious maritime injury cases.
What Is an Unsafe Working Condition Under the Jones Act?
There is no single type of hazard that makes a vessel workplace unsafe.
Ships, tugboats, barges, tankers, dredges, and offshore vessels are constantly moving workplaces. Seamen may work around heavy machinery, lines under tension, moving cargo, slippery decks, confined spaces, and changing weather conditions.
Unsafe working conditions may include:
- Slippery or contaminated decks
- Defective vessel equipment
- Broken ladders or stairs
- Unsafe gangways
- Missing handrails
- Poor lighting
- Improperly maintained machinery
- Unsafe winches or capstans
- Inadequate tools or equipment
- Insufficient crew
- Inadequate training
- Unsafe lifting procedures
- Dangerous line-handling practices
- Improperly secured equipment
- Failure to follow safety procedures
The important question is whether the employer’s negligence played a role in causing the seaman’s injury.
Can a Seaman Sue an Employer Under the Jones Act?
Yes.
The Jones Act allows a qualifying seaman to bring a negligence claim against an employer for an injury suffered in the course of employment.
A Jones Act case is different from an ordinary workers’ compensation claim.
Instead of simply applying for benefits, an injured seaman may bring a negligence action and seek damages from the employer when unsafe working conditions caused or contributed to the accident.
The exact rights available depend on the worker’s seaman status and the facts surrounding the injury.
Can a Seaman Sue for an Unsafe Method of Work?
Potentially, yes.
Not every maritime injury is caused by broken equipment. Sometimes the equipment works exactly as intended, but the way the employer requires the job to be performed is unsafe.
Examples may include:
- Requiring a worker to lift excessive weight alone
- Failing to provide mechanical lifting equipment
- Using too few crew members for a task
- Ordering workers into an unsafe area
- Using an unsafe procedure for handling lines
- Failing to stop operations during dangerous conditions
- Requiring workers to use improper tools
- Failing to establish a safe procedure for a hazardous task
The fact that a task has “always been done that way” does not necessarily mean the method is reasonably safe.
What If There Were Not Enough Crew Members?
Understaffing can create serious safety problems aboard a vessel.
Many maritime jobs require multiple workers to perform a task safely. Trying to perform the same operation with fewer crew members may expose workers to unnecessary risks.
For example, inadequate staffing may affect:
- Mooring operations
- Towing operations
- Heavy lifting
- Cargo handling
- Vessel maintenance
- Line handling
- Equipment repairs
- Watchstanding
- Emergency response
When understaffing contributes to an injury, the number of workers assigned to the job and the employer’s procedures should be investigated.
Can a Seaman Sue for Inadequate Training?
A maritime employer may also face liability when inadequate training contributes to an accident.
Seamen regularly operate dangerous equipment and perform specialized tasks. Proper training can be critical.
Potential cases may involve inadequate training for:
- Winches and capstans
- Cranes and lifting equipment
- Mooring operations
- Towing operations
- Heavy equipment
- Personal protective equipment
- Emergency procedures
- Confined spaces
- Hazardous materials
- Vessel-specific equipment
Training records, safety manuals, job procedures, and testimony from other crew members can become important evidence in these cases.
What About Slippery Decks and Walkways?
Slips and falls are common aboard commercial vessels.
Water alone does not necessarily mean that a vessel owner was negligent. But oil, grease, hydraulic fluid, damaged nonskid surfaces, poor drainage, debris, or other hazards may create an unsafe condition.
Important questions include:
- What made the deck slippery?
- How long had the condition existed?
- Did the crew know about it?
- Had anyone complained?
- Was the area properly maintained?
- Were warnings provided?
- Could the hazard have been corrected?
Photographs taken soon after the accident can be particularly important.
Can a Seaman Sue After a Mooring or Line-Handling Accident?
Yes, depending on the circumstances.
Mooring lines and towing equipment can place enormous forces on ropes, wires, winches, and other vessel equipment.
A parted line or sudden movement can cause catastrophic injuries.
Potential causes include:
- Defective lines
- Improper line placement
- Unsafe snapback zones
- Defective winches or capstans
- Poor communication
- Inadequate training
- Insufficient crew
- Unsafe commands
- Failure to inspect equipment
These accidents can cause crush injuries, amputations, traumatic brain injuries, orthopedic injuries, and fatalities.
What If My Captain Ordered Me to Do Something Unsafe?
An unsafe order may support a Jones Act negligence claim when it causes or contributes to an injury.
Seamen work within a command structure. A crew member may have little practical ability to redesign a task after being directed by a captain, supervisor, or senior crew member to perform it in a particular way.
An investigation should determine what the worker was told to do, who gave the instruction, what equipment was available, and whether a safer method could have been used.
What If the Seaman Was Partly at Fault?
Being partly responsible for an accident does not necessarily prevent a seaman from bringing a Jones Act claim.
The Jones Act uses comparative-fault principles.
A seaman’s damages may be reduced based on the percentage of fault attributed to the worker, but partial fault does not automatically eliminate the claim.
That can be important when an employer immediately tries to blame the injured crew member for the accident.
Is an Unsafe Vessel Also Unseaworthy?
Potentially.
Jones Act negligence and unseaworthiness under general maritime law are separate legal theories.
An unseaworthiness claim may involve a vessel, its equipment, crew, or appurtenances that are not reasonably fit for their intended purposes.
Depending on the circumstances, the same accident may involve both Jones Act negligence and an unseaworthiness claim.
The legal standards are different, so each theory should be evaluated separately.
What Evidence Can Prove Unsafe Working Conditions?
Vessel conditions can change quickly after an accident.
Equipment gets repaired. Decks are cleaned. Lines are replaced. Crew members leave the vessel. The vessel itself may depart the port.
Important evidence may include:
- Photos and videos
- Vessel logs
- Accident reports
- Safety manuals
- Job safety analyses
- Training records
- Maintenance records
- Inspection records
- Crew schedules
- Work orders
- Prior complaints
- Witness statements
- Text messages and emails
- Equipment manuals
- Surveillance footage
Evidence showing how the job was normally performed can also help determine whether the employer required an unsafe method of work.
What Compensation Can an Injured Seaman Recover?
Depending on the facts and applicable law, a Jones Act claim may include damages for:
- Medical expenses
- Past lost wages
- Loss of future earning capacity
- Physical pain
- Mental anguish
- Physical impairment
- Other legally recoverable damages
An injured seaman may also have separate rights to maintenance and cure, regardless of whether employer negligence caused the accident.
Texas Jones Act Lawyers for Unsafe Working Conditions
Seamen work in dangerous conditions every day aboard tugboats, towboats, barges, tankers, dredges, offshore vessels, crew boats, and other commercial vessels operating along the Texas coast and inland waterways.
At Gilman & Allison, LLP, our Texas maritime attorneys represent injured seamen in cases involving unsafe working conditions, defective equipment, inadequate training, insufficient crew, unsafe work methods, mooring accidents, falls, and other vessel hazards.
We handle maritime injury cases arising along the Houston Ship Channel, Galveston, Texas City, Freeport, Beaumont, Port Arthur, Corpus Christi, Brownsville, and throughout Texas.
If an unsafe condition or unsafe work practice caused your injury, you may have rights under the Jones Act and general maritime law.
Contact Gilman & Allison, LLP for a free consultation about your Jones Act claim.
Frequently Asked Questions
Can a seaman sue for unsafe working conditions?
Yes. A qualifying seaman may bring a Jones Act negligence claim when an employer’s unsafe working conditions caused or contributed to an injury.
Can I sue if my employer gave me unsafe equipment?
Potentially. Providing defective, inadequate, or unsafe equipment may support a Jones Act negligence claim depending on the circumstances.
Can I sue if there were not enough crew members to do the job safely?
Potentially. Inadequate staffing may support a negligence claim when assigning too few workers makes a task unsafe and contributes to the injury.
Can I sue if my captain told me to do something unsafe?
An unsafe order may support a Jones Act claim when the instruction causes or contributes to an injury.
Can I still have a Jones Act claim if I was partly at fault?
Yes. Partial fault does not automatically bar a Jones Act claim, although comparative fault may reduce the damages awarded.
Is an unsafe workplace the same as an unseaworthy vessel?
Not necessarily. Jones Act negligence and unseaworthiness are separate maritime claims with different legal standards, although the same accident can potentially support both claims.