Even at fault mariners can be compensated

Under the doctrine of comparative negligence, a seafarer can receive a jury award even if his or her own actions contributed to an injury.

For example, in Williams v. Bresea, Inc. (1974), the Fifth Circuit Court of Appeals ruled that “a seaman may not be contributorily negligent for carrying out orders that result in his own injury, even if he recognizes possible danger.”

In the case of Simeonoff vs. Hiner and Hiner (2001), the Ninth Circuit Court ruled that a fisherman whose foot was crushed while making vessel repairs was entitled to full compensation even though he knowingly and carelessly placed himself at risk working with faulty equipment because he was carrying out orders from a supervisor.

On the other hand, in certain circumstances a mariner’s negligence will be factored into the judgment. For example, if a jury finds negligence equally shared with the employer, the employee will receive half of the damages.
This differs from conventional land-based law where, if an injured worker is found 51 percent or more negligent, he or she will receive no damages.