A tugboat deckhand can be seriously injured while the vessel is tied to a dock. A slippery deck, defective ladder, unsafe line handling, or poorly planned repair job can cause an injury before the tug ever gets underway.
A docked tugboat does not automatically take a crew member outside the Jones Act. What matters is the worker’s relationship to the vessel and the circumstances of the injury.
Does the tugboat have to be moving?
No. A vessel need not be moving at the moment of an accident for a worker to qualify as a Jones Act seaman. Courts examine whether the worker’s duties contribute to the vessel’s function or mission and whether the worker has a substantial connection, in both duration and nature, to a vessel in navigation or an identifiable fleet of vessels. A temporary stop at a dock does not necessarily change that relationship. A vessel withdrawn from service for an extended period can present a different question. Chandris, Inc. v. Latsis, 515 U.S. 347, 368, 373–74 (1995).
For example, a deckhand who regularly works aboard a tug does not lose that work history simply because the tug was moored when the injury occurred. Seaman status depends on the worker’s overall assignment, not solely on where the tug was at that instant.
What kinds of dockside injuries may lead to a claim?
A crew member may be hurt while boarding the tug, handling lines, moving equipment, cleaning the deck, or preparing for the next job. The location alone does not establish a claim. An investigation must determine what caused the injury and whether the employer’s negligence contributed to it.
Questions may include:
- Was the crew given a safe way to board or leave the tug?
- Had the employer received complaints about the equipment or work area?
- Were crew members directed to perform a task without adequate help or equipment?
- Did an unsafe instruction or a crew member’s action contribute to the accident?
The Jones Act permits a seaman injured in the course of employment to bring a civil action against the employer. 46 U.S.C. § 30104.
What if I was injured on the dock beside the tug?
That fact deserves a closer look. An injury does not cease to be a potential Jones Act claim merely because the worker stepped onto the dock. The worker’s seaman status, the task being performed, and the cause of the accident all matter. Other parties may also need to be investigated if dock equipment, terminal operations, or another company contributed to the injury.
What evidence helps after a docked tugboat accident?
If possible, identify the tug, its location, the task underway, and the people who saw the accident. Photographs of the boarding area, deck, lines, equipment, and surrounding dock may help show conditions before they change. Vessel logs, work assignments, maintenance records, incident reports, and available video may also become important.
Seek medical care and report the injury promptly. Tell the medical provider how the accident happened so your treatment record accurately reflects the event.
Talk to a Texas Jones Act lawyer
Gilman & Allison, LLP represents injured tugboat crew members and other maritime workers. Our attorneys bring firsthand maritime experience to investigations involving vessel operations, crew assignments, and unsafe working conditions.
If you were injured aboard a docked tugboat or while carrying out your duties beside one, contact Gilman & Allison, LLP for a free consultation and case evaluation. The tug’s location is one fact in the case; it should not be the end of the inquiry.