Galveston, Texas Seaman Files Lawsuit for Maritime Injury On Board Ship
A seaman in Galveston, Texas filed a maritime injury lawsuit against a marine company for injuries he sustained while working aboard a ship. The lawsuit alleges, among other things, that the company failed to adhere to maritime laws applying to the rights of seamen.
Morgan Whittington was working on board the Miss Sally when a collision with other barges knocked him into a wall. The impact of the collision caused an ice box to fall on top of him, leaving him with back, neck, hand and leg injuries. The lawsuit claims that as a result of the accident, Whittington, in addition to foregoing any earning capacity he had in the days since the accident, has lost the capacity to work in the future. The lawsuit, filed in the Galveston County District Court, blames Breathwit Marine Contractors Ltd. for failing to secure the box. Whittington claims that the company has failed to pay his medical bills and also accuses the company of violating maritime laws.
Seaman Rights
The rights of a seaman in the event of an accident are additional to the rights entitled to them under the Jones Act. When an accident occurs while the seaman is engaged in duty aboard a vessel, medical expenses including: hospitalization, medication, access to medical equipment and a doctor are the responsibility of the employer. This responsibility is unconditional. The seaman is also entitled to benefits from the employer related to meeting daily living expenses such as: food and grocery bills, utility bills etc. These benefits, along with the medical benefits seamen are entitled to, are collectively referred to as maintenance and cure benefits. These, however, automatically end when a seaman is declared to have reached Maximum Medical Improvement or MMI. Maximum Medical Improvement refers to a stage in which a person is deemed to have reached a healing plateau where no additional amount of medication or treatment can improve the existing condition. In Whittington's case, winning the benefits that he is entitled to will involve proving that he has not reached MMI and that the employer's responsibility to pay his medical bills as well as maintenance of his day-to-day living expenses, still applies.
Many times, employers refuse to pay out rightful benefits, delay payments, or pay out fewer benefits than the worker is entitled to. Negotiating these benefits can be difficult when a worker lacks knowledge not only of his own rights, but also knowledge of the employer's responsibilities. That is where an experienced maritime attorney comes in – to make sure that a seaman receives the compensation to which he is entitled.
The maritime accident lawyers at Arnold & Itkin LLP are dedicated to providing Texas seamen with expert representation that results in a fair settlement. If you or a loved one has been injured in an accident at sea, contact a maritime injury lawyer at Arnold & Itkin LLP for a free consultation.
