Maritime Worker Suffers Injuries on Boat off New Jersey Coast
As maritime lawyers, we often get asked whether or not a seaman’s injuries qualify him for compensation under the Jones Act. The Jones Act does a great job of providing benefits for seamen who may be injured or incapacitated in several ways.
This week, a 27-year-old Jones Act seaman on a boat off the coast of New Jersey suffered injuries to his upper arm while picking up a heavy object. The worker was on a 151-foot boat, about half a mile off the coast of Cape May. The crew of the boat, Relentless, informed the Coast Guard that the worker had sustained an injury in his upper arm while picking up an object. The Coast Guard station dispatched a rescue boat crew and the man was transferred to the station, after which he was taken to a hospital for medical treatment.
Jones Act Coverage and Maritime Worker Training
In situations like these, an employer could try to place the blame for the injury on the worker himself. They may try to put the responsibility off on the worker's negligence or failure to take safety precautions.
On a boat with no one but other crewmembers around, it is easy for a seaman to believe what his employer or the vessel safety team tells him. Sometimes, it is only when clients visit a maritime lawyer without expecting much of a case, that they realize the extent of their rights under the Jones Act.
Injuries to the shoulder, neck, and back can be extremely debilitating, and can be severe enough to prevent the worker from returning to his duties for weeks or even months. Employers can take several steps to prevent such distressing injuries that can incapacitate a worker, including:
- Workers must be trained to follow all safety precautions while performing lifting, lowering, and carrying activities.
- A worker must not be made to lift and carry loads or objects that are beyond his capacity.
- A worker should not be performing jobs on a boat he is not required or trained to perform. (Employers often under staff a vessel in an attempt to cut costs, placing workers at risk while performing jobs that they are not trained to do.)
- Workers should not be made to work for long hours without a break, this increases the possibility of repetitive stress injuries.