The Jones Act is a negligence statute that allows Jones Act lawyers to fight for the rights of injured or ill seamen. It also gives a seaman the right to expect a safe place to work. If a crewmember goes overboard because of the negligence of the employer or any of its employees, or the failure of the employer to provide a safe place to work, money damages may be payable for physical and mental injuries incurred.
The lack of guardrails, darkness, failure to have safety chains or rails, unreasonably slippery decks, there is a wide array of unsafe conditions that can result in a crewmember going overboard. In such instances, the crewmember does not always survive.
The pain, suffering, and mental anguish compensation awards for a seaman being in the water for a prolonged period of time can be astronomical. Case law projects that awards of up to $500,000.00 have been meted out for pain and suffering prior to death of a seaman who died after spending time in the water through no fault of his own. Post-traumatic stress emotional claims have been pursued because of the fright and shock incurred by being in the perilous position of going overboard. Standard Jones Act damages sought by maritime lawyers such as lost wages and loss of earning capacity because of the physical and mental injuries sustained are also recognized.
Shipowner organizations have mounted extensive campaigns to lessen the likelihood of man overboard situations but as anyone in the industry knows, those campaigns have not eliminated the risk and it still happens.
Of paramount importance, the utilization of personal floatation devices is essential whenever a crewmember is in a situation where the possibility of going overboard exists. The reasons for that are obvious. Other than that, watch your step.
