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There’s more than meets the eye in Jones Act case damages

You can’t judge the merits of a Jones Act lawsuit based merely upon what you read in a news story. Most of the maritime case reports you see in an on-line legal news journal are presented in a bare bones, just the facts presentation. (This is not to be confused with a majority of stories found on the sites of law firms where the attorneys generally provide much greater insight into the underlying factors and long-term fallout of the case).

Take the following case appearing in the Louisiana Record, dated Aug. 29, 2011. The headline “$2 million lawsuit against marine company after employee falls down steps,” makes it seem like an ambulance chasing on the water version of a slip and fall in a puddle of a supermarket parking lot. According to the story, welder’s assistant and rigger Travis Smith was injured on Feb. 18, 2009 out on the Gulf while “attempting to descend the steps” into his cabin “when he fell backwards and landed at the base of the steps.”

The story does not give an explanation as to why he fell. Instead, it goes directly into the second act, listing the accusations against the defendant which include failure to provide a seaworthy vessel, unsafe weather and sea conditions and failure to provide proper training and supervision of the employees.

But we don’t know if Smith fell because a rusty hand rail broke loose or if there was not any non-skid padding. Maybe the master was negligent for recklessly putting the vessel into a dangerous storm with 30 degree rolls that would have thrown anyone down the steps.

Finally, the report moves to the third act, listing the $2 million damages sought by the plaintiff for pain and suffering, lost wages and benefits and the always curious “loss of enjoyment of life.” Curious to those not familiar with the term but very significant once its significance is understood. (Read about it here).

This is not to fault the Louisiana Record report of the case because there is not much room to provide mitigating factors in 200 words or less and their story does a good job or presenting the basic facts.

Many might be surprised to read of damage amounts in the millions of dollars frequently listed in Jones Act lawsuits. How can what appears to be a relatively simple shoulder or foot injury equate to $2 million or more in compensation?

The truth is that there usually is no such thing as a relatively simple injury when it comes to maritime workers.

Offshore workers deal with some of the harshest conditions of any industry. It requires physical dexterity for lifting, going aloft, throwing heaving lines, tending capstans, loading stores and a whole array of other demanding tasks.

The prolonged incapacitation of a joint, digit or limb may put a seaman on the beach for a lengthy period or even permanently. Thus, damages extend beyond the recovery of the injury and into factors such as loss of earning capacity, which over 20 years or more can easily exceed over a million dollars alone. Add in physical and mental pain and suffering, loss of enjoyment of life and punitive damages, and the compensation amounts escalate even further.

Before taking the company’s settlement offer, consult with a maritime attorney to make sure you understand the full impact of your injury.

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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