Lake Charles offshore workers may be compensated even if at fault

A Lake Charles, La. seaman can receive a jury award even if their own actions were a factor in causing the injury, under the doctrine of comparative negligence. We cite two cases here.

In Simeonoff vs. Hiner and Hiner (2001), the Ninth Circuit Court of Appeals in San Francisco ruled that a fisherman was entitled to full compensation after his foot was badly damaged while making repairs because he was following a supervisor’s orders. This despite the fact that he recklessly and knowingly put himself at risk while using faulty equipment.

In Williams v. Bresea, Inc. (1974), the Fifth Circuit Court of Appeals in New Orleans 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.”

However, there are times when a seaman’s negligence is taken into account in the judgment. If the negligence is found by the jury to be equally shared with the employer, the seaman will be awarded half of the damages. This differs from typical shore-based law where, if an injured worker’s negligence exceeds 50-percent, he or she will not receive damages.