Who is responsible for using unqualified personnel: the company or the worker?

 

A: It could be both, depending upon the circumstances.

For instance, in the case of DRD Towing Company of Harvey, Louisiana, an apprentice mate recently pled guilty to a felony charge and the company was ordered to pay a $200,000 fine for using under qualified captains. Coast Guard regulations require the presence of a captain in the wheelhouse on towboats.

There may be instances where the under qualified worker may not be held liable, such as if the licensed officer on watch leaves the wheelhouse and the worker is left to him or herself. At this point, a court would have to determine if the worker did not act in a reasonable manner by failure to notify another available licensed officer or obstructing justice by not reporting the incident as soon as possible.

Learn your rights as a seaman by ordering free copy of The Insider's Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom.

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About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

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