Any maritime worker who spends enough time in international waters knows that piracy remains a real and dangerous threat to shipworkers and the maritime industry as a whole.
Far removed from the cartoon image of drunken, peglegged captains with hook hands and squawking parrots, real-life pirates are dangerous criminals capable of inflicting great harm on their victims and are responsible for the suffering of countless ship captains and their crew, all of which had made a mistake as simple as sailing through the wrong area.
While the victims of piracy cannot ever really get back what is lost during a hostage situation, it is worth noting that under many situations involving piracy, or other emotionally volatile circumstances out at sea, your rights and financial security may still be protected by the Jones Act.
A large part of the Jones Act requires the owner of a vessel to provide for a safe working environment, and this goes beyond simply making sure the ship itself is safe to work on. In claims involving piracy and the resulting harm to the workers involved, Jones Act attorneys have made the case that the ship owning company is responsible for providing a safe environment by doing things like installing additional ship safeguards such as security cameras, ensuring all communication is done over secure channels, and plotting the safest possible route through areas that are susceptible to incidents of piracy.
As is the case with many Jones Act claims, these claims tend to involve holding the employer’s negligence responsible for any physical injuries that the crew suffered during an incident of piracy. What many people don’t know, however, is that the Jones Act can also be used for claims of emotional and psychological damage as well. Emotional distress from such environments can result in psychological trauma that can affect a worker’s ability to earn wages and require long-term care. These medical costs and lost wages may be covered by the Jones Act the same way it’s used to protect a worker’s finances in cases of physical injury.
This goes for incidents above and beyond piracy, and is a common threat of working in harsh conditions while isolated on the ocean. Any emotional distress or mental anguish suffered while working on the water can be covered by the Jones Act if it can be traced back to employer negligence, and this can be a powerful tool in claims if the circumstances are determined to be connected.
If you have suffered emotional distress due to an incident at sea or the conditions of your employment, the maritime attorneys of O’Bryan Law can defend your rights and make sure you get the justice you need.
