If you think you can make a claim for unseaworthiness that caused your injury while working as a seafarer and your employer refuses to compensate you, hire a lawyer with experience in maritime law. A competent lawyer can help you get the compensation that the law provides for you. The maritime concept of unseaworthiness is not as simple as it seems at first glance. A ship that cannot navigate on water, sinks or capsizes, is certainly unfit for navigation, but the definition of the term in the eyes of the law is much broader. Working as a seaman on board a ship is inherently risky, even if every precaution has been taken. Your employer is required to provide you with a vessel that has been seaworthy in all respects, not just its ability to swim and move in the water. While these are not the only examples of unseaworthiness, they account for the majority of cases. To find out if your case qualifies, even if it doesn`t seem to fit these examples, you should seek the help of a lawyer. Finally, for the Ninth Judicial District, the courts of the United States state: “A ship is unfit for navigation if the ship or any of its parts or equipment is not reasonably fit for its intended use [or if its crew is not adequate or competent to perform the assigned work]”, and provides additional definitions as well as the responsibilities of the owner.
Seafarers are only entitled to compensation under the doctrine of unseaworthiness if their injuries were caused by unseaworthiness, and available damage cannot be reproduced with maintenance and healing services. For example, if a seafarer is reimbursed for medical expenses in connection with healing, he or she cannot claim the same costs a second time in an unseaworthiness claim. Its reimbursement of medical expenses for the unseaworthiness claim is limited to medical expenses beyond those covered by the cure. Similarly, a seafarer may recover previous lost wages in a seaworthiness claim, but the calculation of lost wages does not begin until the end of the voyage or season, when the seafarer is no longer entitled to unearned wages. The term “unfit for navigation” can conjure up an image of an old rusty boat or a hole in the ship`s hull. However, from a legal point of view, the concept of unseaworthiness and the assertion of unseaworthiness encompass much more than the structural seaworthiness of a ship. Service as a seafarer on a seagoing vessel can result in injuries at sea. In many cases, seafarers are harmed if their ship is “unseaworthy”.
Under maritime law, a ship is considered unfit for navigation if its hull, equipment and/or crew are inadequate in terms of construction, maintenance and conditions necessary to perform the intended functions of the ship (or to enable a seafarer to perform his or her specific duties). In such cases, an injured seafarer may have a claim for unseaworthiness against the shipowner. The first major difference relates to the monetary damages that injured seafarers can claim in a claim under the Jones Act versus a claim for unseaworthiness. The Jones Act provides for specific limited damages, while under the doctrine of unseaworthiness, seafarers can claim any damages traditionally available under general maritime law. This is important because the reinstatement of the Jones Act is limited to past and future loss of income, medical expenses, pain and suffering, and disability. In Jones Act deaths, surviving family members of a seafarer can only be compensated for the seafarer`s deliberate pain and suffering, as well as for financial losses associated with the death (such as the loss of financial support for a child or spouse). In the event of a claim for unseaworthiness, an injured seafarer or survivors of a deceased seafarer are entitled to all remedies available under the Jones Act and more. Additional remedies available for an unseaworthiness claim include, but are not limited to, loss of the consortium (for spouse and children) and, in the event of death, additional non-monetary losses. It is not always clear what kind of claim you should make under maritime law if you have been breached and whether the doctrine of unseaworthiness applies to you. Because the term “unseaworthiness” is defined so broadly, it`s important to speak to an experienced lawyer at Montagna Maritime Law who understands the specifics of maritime law, including claims relating to the doctrine of unfitness and the Jones Act, and how these laws may apply to you.
While there is significant overlap between the Jones Act and the doctrine of unseaworthiness, each provides different remedies for injured seafarers. Unseaworthiness is a term in case law that refers to any dangerous situation that occurs on board a “ship” and causes injury. The obligation to provide a seaworthy ship is a long-standing function of the general law of the sea. It is the duty of the “vessel” owner to provide a safe workplace, and failure to do so may result in a claim or lawsuit by an employee injured as a result of the vessel`s unseaworthiness. The word “ship” is in quotation marks because the definition is not limited to a ship or a boat. There is a broad legal definition of “ship” that includes offshore oil and production platforms, barges without engines or dormitories, helicopters, moored casino boats, and ground transportation by business. The term “unfit for navigation” has a much broader meaning in maritime law than in everyday language. For example, an unsuitable condition for navigation could be the lack of slip resistance on the deck, a slippery substance on the rungs of a ladder, or a drawer in the galley that slips with the movement of the ship. The following categories are common types of unseaworthiness: The ship and its operator have an absolute obligation to provide seafarers with a “seaworthy” ship, which is a ship and its accessories suitable for its intended use. In general, this means that everything that is part of the vessel or used in conjunction with the vessel must be in good condition and safe.
As discussed below, the seaworthiness doctrine also requires adequate crewing. The shipowner shall be liable for injuries caused by conditions unsuitable for navigation. A third difference between the Jones Act and the doctrine of unseaworthiness is that there is no right to a jury trial solely on the basis of an unseaworthiness plea.