Exposing Negligence & Wrongdoing by Maritime Employers
Maritime employers often cut corners to save on costs, neglecting essential maintenance and allowing vessels and equipment to deteriorate, significantly increasing the risk of accidents at sea. This lack of maintenance is a prevalent cause of injuries among Alabama offshore workers. Maritime law provides crucial protections for these workers, offering avenues for compensation for medical expenses and other hardships resulting from workplace injuries. Despite these protections, it is employers' fundamental responsibility to ensure their employees' safety on oil rigs and vessels.
Failure to maintain safe working conditions can lead to various hazardous incidents. Common types of offshore accidents include, but are not limited to, the following:
- Diving Accidents: These can occur due to faulty equipment or poor supervision.
- Crane Failures: Cranes in disrepair can collapse or malfunction, causing severe injuries or fatalities.
- Vessel Collisions: Negligence in navigation can lead to collisions with other ships or stationary objects.
- Falls: Slippery decks, unsecured ladders, and other hazards can cause falls, leading to serious injuries.
- Dangerous Equipment: Unmaintained or improperly handled machinery can fail and cause accidents.
- Explosions: Ignition of flammable gases or liquids is especially dangerous in confined spaces.
- Lift Accidents: Malfunctioning lift systems can drop suddenly, harming those inside or nearby.
When employers fail to uphold their duty of care, their negligence is directly responsible for any ensuing harm. It is imperative that such negligence is exposed and responsible parties are held accountable to prevent future incidents. At Arnold & Itkin, we are committed to advocating for the rights of maritime workers by pursuing justice against negligent employers, ensuring they face the consequences of their actions, and securing a safer workplace for all employees.
The Laws Protecting U.S. Offshore Workers
To address some of traditional maritime law's gaps and shortcomings, Congress has passed four major statutes in US history. These four statutes govern trade and workers’ rights on America’s waterways, between U.S. ports, and more.
These laws are the following:
The Jones Act
The Jones Act, also known as The Merchant Marine Act of 1920, was created to govern and support American sea trade. Since offshore work is often more dangerous than most industries, the Jones Act makes special provisions for the sake of maritime workers. One of its most essential stipulations is that vessel owners are responsible for their vessels' state and crew's safety. Most importantly, the Jones Act allows workers to file claims when injured due to employer negligence or unseaworthiness. This part of the law was created to offer relief to injured offshore workers and ensure they receive appropriate compensation for their losses. For workers who suffer serious injuries, Jones Act claims may be their only chance for a financially stable future.
Jones Act claims can include compensation for:
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Disfigurement
- Medical care
- Loss of future earning capacity
- Mental anguish
- Cost of living during recovery
For offshore workers, the Jones Act works like workers’ compensation for land workers in that it provides relief when an employee is injured. There are two crucial differences, however. One, Jones Act claims tend to be worth more. Workers’ compensation covers only basic medical care and a portion of missing wages, but Jones Act claims cover far more. Two, Jones Act claims require claimants to prove negligence on the part of the employer. Workers’ compensation does not require anyone to be found at fault. The higher awards offered by the Jones Act also demand a higher burden of proof, which is why injured crews need Alabama Jones Act lawyers.
Under the Jones Act, you have a right to:
- A reasonably safe work environment
- Make a legal claim if injured as a result of negligence
- Maintenance and cure related to the injury or illness
- Additional compensation if the vessel or crew is deemed unseaworthy
- Punitive damages if an employer refuses to pay maintenance and cure
The Longshore & Harbor Workers' Compensation Act
The offshore industry relies on longshoremen and harbor workers who use heavy equipment and complex machinery to keep our ports functioning. Because harbor work is often physical and filled with hazards, injuries in the industry are not uncommon. Often, workers suffer serious injuries after being exposed to harmful chemicals or because of equipment failure. In other instances, employers don’t provide the right tools, causing them to attempt work they should never handle unassisted.
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law that compensates workers injured in areas used for loading, unloading, building, and repairing vessels. Importantly, this law protects workers who are land-based as well as those who are on navigable waters within the United States.
Before the LHWCA, workers were subject to maritime laws that didn’t adequately compensate them for accidents caused by others' negligence. With the LHWCA, workers can secure compensation for all aspects of their injuries to reach full recovery. The LHWCA can help injured harbor workers and those in shipyards, offsite buildings, and repair areas. The LHWCA covers longshore workers and operators, harbor workers, shipbuilders, ship repairmen, ship breakers, and more.
Representing Victims of Boat Accidents in Alabama
The waters of Alabama’s Gulf Coast are utilized by thousands of people who operate boats commercially or recreationally. Alabama’s various lakes and rivers are popular with tourists and residents alike. Unfortunately, they can also be the scene of catastrophic boating accidents. When a boating accident occurs, it is nearly always a result of negligence and is preventable with proper safety practices. The Alabama boat accident attorneys at Arnold & Itkin are ready to help those involved in a boat accident. We have won verdicts and settlements worth billions.
Causes of Alabama Vessel Accidents
Boating While Intoxicated
The combination of alcohol and boating is lethal. Alcohol is considered the leading cause of boating fatalities nationally. Of all 658 fatalities in 2017, about 125 were directly attributed to alcohol.
Inexperience
It isn’t hard to obtain a boat license in Alabama. People were not even required to obtain a license for a long time. Today, the state requires boat operators to take a written test before being able to operate a boat. Notably, you can be as young as 12 and operate a boat. Unlike driver’s license tests, the test does not require applicants to operate a boat.
Weather
Just as with a car on the road, the weather can change safety conditions on the water. Storms may cause rough waters, which means boats are liable to capsize or sink.
False Sense of Security
Due to the wide open spaces on Alabama waters, it’s easy to feel safe in your boat. This false sense of security leads drivers to misunderstand their boat’s distance from other vessels. As boats are hard to stop, operators can fail to give an adequate amount of stopping distance as they approach other objects. While a lake may feel large and serene, it’s important to remember that this does not mean all is safe.
Our Alabama Offshore Injury Attorneys Fight for Results. No Matter What.
Lasting physical pain, mental trauma, and financial insecurity are things that no one should have to face alone. Unfortunately, that’s precisely what most injured workers are facing when they suffer an accident at sea. The Alabama maritime lawyers at Arnold & Itkin are dedicated to fighting for workers who have been unfairly injured. Our lawyers have a long history of results for maritime workers. We fought for over one-third of the crew of the Deepwater Horizon. Our team represented four families who lost their husbands in the sinking of the El Faro. All told, our firm has won billions.
If you've suffered during an offshore accident, our Alabama maritime law firm is ready to fight for your recovery!
