Suit Filed for Victim of Unseaworthiness and Negligence
Attorneys Kurt Arnold, Kyle Findley, and another attorney from Arnold & Itkin filed a lawsuit on behalf of an injured seaman. The man was working for the Texas company Seacor Marine when he was injured from being struck by an exhaust pipe while performing his job duties in the engine room of the NRC Liberty. He reported the incident to the company and received aid from Seacor Marine's doctor, but he claims that he failed to receive proper care. He is claiming unseaworthiness against the ship as well as negligence and gross negligence against Seacor Marine.
Since this man is a Jones Act worker, he had to prove that he was contributing to the operation of the ship while it was on navigable waters. Since this was shown, he was justified in filing claims of unseaworthiness and negligence. Not only did the offshore worker sustain severe neck and back injuries, the man also is suffering from mental anguish and distress. This emotional trauma combined with the physical trauma of the incident has forced him out of work, therefore losing his ability to earn an income. For this reason, he is seeking compensation for his lost earning capacity as well as medical expenses.
The plaintiff is also seeking punitive damages due to the gross negligence and disregard for the safety of the employees on the vessel. Apparently, the crew kept working after the man was injured and did nothing to provide a remedy to the possibly unsafe situation in the engine room. Another major injustice that this seaman suffered is the failure of Seacor Marine to pay maintenance and cure benefits, which is a right of every Jones Act seaman. The company should have to pay not only for the initial medical expenses of the worker, but for continued medical assistance until he sees a "cure" for his injuries. Our firm is proud to fight for this man and other maritime workers like him.