Maritime Injuries

The attorneys in the Walnut Creek office of The Venardi Elam Firm, LLP have a particular wealth of experience in the area of maritime law, helping workers injured at sea recover the compensation to which they are entitled.

Federal law governs the rights of maritime employees injured at sea.  The Jones Act, the seaworthiness standard, or both may apply in a maritime case, each carrying vastly different implications for what the employee is required to prove. 

The Jones Act

Maritime workers injured on the job at sea may sue their employer for negligence under the federal Jones Act.  This law is different from state workers' compensation claims in that negligence or fault on the part of the employer must be proven in order to recover.  However, the compensation recoverable is much broader than in a workers' compensation claim.  Workers covered under the Jones Act may sue for current and future medical expenses, including physical therapy, job retraining, and lost wages from missed work or diminished earning capacity.  Injured workers may also recover for "non-economic" damages such as pain and suffering and loss of enjoyment of life.  The Jones Act applies to workers on board all types of vessels, including barges, tugs, cruise ships, tour boats, ferries, and fishing vessels.

The Seaworthiness Standard

Federal law requires that all ships in operation meet a standard of seaworthiness, meaning that they must be safe for their intended purpose.  When an employee is injured aboard a ship that fails to meet this standard, the employee may sue without having to prove fault on the part of the employer, e.g. that the employer knew the ship was unsafe or was negligent in maintaining it.  While the Jones Act applies to all types of vessels, the seaworthiness standard is limited to commercial boat owners.

Conditions which would render a ship unseaworthy include:

• Inadequate or missing safety equipment, such as lifesaving equipment
• Dangerous, defective, or insufficient tools on board
• A boat which is undermanned or staffed with crew who are improperly trained or insufficiently supervised
• Noncompliance with safety regulations
• Faulty boat design
• Unreasonably slippery or obstructed decks

The attorneys at The Venardi Elam Firm, LLP understand the interplay and requirements of proof under both federal standards, and are able to effectively represent the rights of a wide range of workers injured at sea.  If you have been the victim of an on-the-job injury while on board a maritime vessel, contact The Venardi Elam Firm, LLP today to discuss your rights.