Port Canaveral Crew Accident Lawyer
Crew members may face dangerous conditions when working on cruise ships. When a cruise ship is short-staffed, the crew may be deployed to work in unfamiliar areas or may not get the assistance from other staff members or supervisors they need. A cruise ship worker could be badly hurt if they are lifting heavy objects without help or they do not receive the proper supervision when working on equipment. The long hours that many crew members work can lead to accidents if they are tired or exhausted.
When crew members are gravely hurt on a cruise ship, they may suffer from severe, even fatal, injuries. Although there are laws to protect injured crew members, they are often complex and challenging to navigate. It is a good idea to seek legal advice when injured while working on a cruise ship.
The Law Offices of Wolfson & Leon represent crew members injured on the job. You can call us today to discuss your legal rights when you've been hurt. With our free and confidential case consultation, we review the legal merits of your claim, answer questions, and talk to you about available legal remedies. Find out more by calling the Miami cruise ship worker accident lawyers at Wolfson & Leon today at 305-285-1115.Injured Crew Members and the Jones Act
Crew members often face unique hazards while on the job. A shipboard accident may cause significant injury or lead to the death of a crew member. A cruise ship worker may suffer from severe injuries from such accidents as;
- Electrocution or injury caused by faulty equipment
- Shipboard activities or shore excursions
- Assault and battery from other crew members or passengers
- Fire or explosions
When a worker gets hurt on land, they are typically covered by worker’s compensation laws. Maritime laws provide two avenues of protection for injured crew members: the Jones Act and the Doctrine of Unseaworthiness.
When you or a family member is severely injured while working on a cruise ship due to employer negligence, you might be eligible to seek compensation under the Jones Act. The Jones Act protects crew members who have been gravely injured working on a vessel. Under this Act, an injured cruise ship worker may be compensated for their medical care, lost wages, future income loss, pain and suffering, and loss of enjoyment.
To establish a Jones Act claim, the crew member or their family must show that:
- The crew member meets the definition of a “seaman.”
- They suffered injury or death in the course of employment
- The employer or co-workers were negligent
- Negligence caused the injury
An employer might be negligent if the accident was caused by their failure to train workers or adequately staff the ship. Other forms of negligence may result from a lack of safety gear and protective equipment, failure to follow or enforce safety measures, or extreme working conditions.
A crew member may also have a claim under the Jones Act if the ship is unseaworthy. A seaworthy vessel is designed, built, and maintained to navigate waters. In addition, a seaworthy vessel provides seaman with the tools they need to do their job effectively, including training, equipment, and working conditions.
A cruise ship may be considered unseaworthy if it does not meet these requirements. Examples include;
- Extreme working conditions, such as excessive lifting
- Improperly stowed wires or cables
- Defective ropes, equipment, or cargo handling equipment
- Poorly maintained decks, walkways, or shared areas, including damaged stairs, loose railings, or slippery surfaces.
- Leaking or defective hulls or bulkheads
- Lack of lifeboats or emergency equipment
- Malfunctioning safety gear
Sometimes, a crew member may bring a claim against their employer under the Doctrine of Unseaworthiness. An injured crew member may be eligible to receive compensation allowed under the Jones Act, plus amounts allowed under this doctrine. The burden of proof varies as the cruise ship worker must show how the unseaworthy condition of the ship contributed to the accident and injuries.Call a Port Canaveral Crew Injury Accident Lawyer
For nearly 60 years, the personal injury lawyers at Wolfson & Leon have defended the rights of people hurt in accidents. Our Miami maritime attorneys represent crew members and passengers injured on cruise ships. When your family has been severely impacted by a serious or fatal cruise ship injury, you need to seek out legal help as soon as possible to protect your rights. Contact us today at 305-285-1115 for a free and confidential analysis of your case.