Were You Injured on an Unseaworthy Vessel?

If you are injured or become ill while at sea, one of the ways to recover compensation is to initiate a claim for unseaworthiness. This type of maritime injury claim is made against the vessel’s owner – which can be your employer but may not be – and can result in a substantial recovery. An unseaworthiness claim is often made in addition to one for maintenance and cure, which is made against your employer.

What does it mean for a ship to be seaworthy? Basically a ship’s owner has the duty to maintain their vessel in a seaworthy manner. This means that the vessel should be in the appropriate condition for its intended use, should be a safe place to live, and a safe place to work. This duty to maintain a seaworthy vessel cannot be delegated to somebody else, which is why unseaworthiness claims are made against the vessel’s owner and not another person or company making use of the ship.

Note that Jones Act seamen must make an unseaworthiness claim within 3 years of the injury occurring.

Signs of Unseaworthiness

Any time an unsafe condition exists on a vessel – whether pertaining to the ship or created by the crew – the potential for an unseaworthiness claim arises. The vessel itself can be unseaworthy because of maintenance or equipment issues, or an unseaworthy condition can be created by employees or independent contractors.

Some signs that a vessel may be considered unseaworthy:

• Missing or damaged safety gear / equipment
• Unsafe recreation facilities
• Staffed by an incompetent or poorly trained crew

What types of vessels can be found unseaworthy?

When it comes to unseaworthiness, the legal definition of a “vessel” is quite broad and includes more than just ships and boats. Unseaworthy vessels can include barges, helicopters, offshore oil rigs, oil production platforms, moored casino boats, and more.

What is covered by unseaworthiness recovery?

An unseaworthiness recovery can include compensation for:

• Pain and suffering
• Injury
• Hospital or other medical expenses
• Rehabilitation costs
• Lost earning capacity
• Any reasonable losses resulting from the injury or illness

Can I still recovery for unseaworthiness if I was partially to blame?

Even if you were partially to blame for the accident (contributory negligence) you can still make a recovery for unseaworthiness. The recovery may simply be smaller than it would be if there had been no contributory negligence on your part.

If you’ve suffered a maritime injury, don’t ruin your case before it begins by hiring the wrong attorney. Please contact the Houston office of Vujasinovic & Beckcom to discuss your Jones act / unseaworthiness / maritime injury case with an experienced lawyer today.

Vujasinovic & Beckcom P.L.L.C

1001 Texas Avenue, Suite 1020

Houston, TX 77002

Phone: 713.224.7800

Fax: 713.224.7801