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Injury Caused by Improper Training

"I suffered multiple bone fractures when a co-worker on my dredge improperly operated hydraulic equipment. I know the co-worker was not properly trained to use the equipment, and his incompetence caused my injury. Can I seek legal action?"

The unseaworthiness of a vessel applies to more than just the structural integrity of the ship. It also applies to defective machinery and equipment on board as well as the competency of the crew members who are operating the ship. If you or a loved one were injured when a co-worker improperly used a crane, hydraulic equipment, or any other type of machinery, you may be able to seek compensation under the Jones Act.

How does the Jones Act apply to negligent co-workers?

This is a federal statute that gives seamen that are injured on the job the right to seek legal action against their employer for damages related to the accident and injuries. The Jones Act pressures and offshore worker's employer to provide a reasonably safe work environment. Again, this not only refers to the safety of the ship in regards to proper safety equipment, machinery, and maintenance, but also the actions of other employees.

The Jones Act can apply to cases where a fellow employee:

  • Lacks proper training
  • Was misinformed of their job duties
  • Uses unsafe working methods
  • Is overworked or tired
  • Engages in blatantly negligent or reckless acts

There are two ways to make a claim under the Jones Act: negligence or unseaworthiness. Negligence refers to a reckless act by an employer or co-workers. Unseaworthiness refers to substandard equipment or improper use of equipment, or training. By law, employers are required to provide their employees with proper training.

Not only that, but they are also responsible for maintaining enough crew members on the ship. A lack of personnel can lead to increased hazards. Guard rails and safety equipment are necessary on every type of ship or oil platform. If they or any other type of safety equipment was not present and it led to an injury, a lawsuit could be filed.

Our Firm Can Bring You Justice After an Accident

A serious injury can result from cases of unseaworthiness, making it important to contact an offshore injury lawyer from our firm for support right away. The Jones Act can provide benefits which allow workers to be reimbursed for medical costs as well as receive compensation for lost wages. Injured offshore workers and their families are not helpless in these situations. The Jones Act and other laws are there to ensure their best interests are protected.

Contact Arnold & Itkin if you are in need of dedicated representation for a similar case.

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~ Deepwater Horizon Crew Member

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