You signed on for months at sea, prepared for rough waters and hard work, but not for violence from a fellow crew member. Whether the assault came from a heated argument, harassment gone too far, or a deliberate attack, the physical and emotional toll can be devastating. The law provides strong protection for seamen, but many don’t know where to begin when seeking justice.
Under the Jones Act and other maritime laws, crew members who suffer injuries from onboard assaults have rights and a path to recover damages. The experienced maritime injury lawyers at Hofmann & Schweitzer can help you understand your rights and what to do after a coworker assault, so that you can protect your rights.
What Legal Protections Do Seamen Have After an Onboard Assault?
The Jones Act, a federal law designed to protect seamen injured in the course of their employment, covers injuries caused by assaults when the employer is at fault. This may include:
- Negligent hiring. If an employer hired someone with a known history of violence or failed to conduct a proper background check, they may be responsible for any harm that person causes.
- Failure to supervise. Employers must take reasonable steps to prevent conflicts from escalating, especially in the close quarters of a vessel.
- Unsafe work environment. Allowing harassment, bullying, or unchecked aggression onboard can amount to negligence under the Jones Act.
If your assault was connected to the work environment or could have been prevented by proper action from your employer, you may be entitled to compensation.
What Damages Can Seamen Recover in a Jones Act Assault Claim?
An onboard assault can cause more than just physical injuries. It can also derail your ability to work, earn a living, and feel safe at sea. Under the Jones Act and related maritime laws, an injured seaman may be able to recover damages for:
- Medical expenses. This includes emergency care, hospitalization, follow-up treatment, and any necessary counseling or therapy.
- Lost wages and future earning capacity. If your injuries keep you from returning to work, you can seek compensation for past and future income loss.
- Pain and suffering. Maritime law recognizes the physical pain and emotional trauma an assault can cause.
- Maintenance and cure. Regardless of fault, seamen are entitled to daily living expenses (maintenance) and medical treatment (cure) until they reach maximum medical improvement.
Your compensation will depend on the unique injuries you suffered during the assault.
Does Reporting and Documentation Impact Your Claim?
When violence occurs onboard, time is critical. If possible, you should:
- Report the assault immediately. Notify your captain or supervisor in writing, following company protocol.
- Document everything. Record dates, times, and locations of the assault. Keep a copy of any incident reports and take photographs of injuries.
- Get witness statements. Fellow crew members may be reluctant to speak up later. Therefore, securing their accounts early can be invaluable.
- Seek medical attention right away. Medical records serve as critical evidence connecting the assault to your injuries.
Delays in reporting can weaken your case or allow key evidence to disappear.
Does Employer Liability Matter in Maritime Crew Violence Cases?
In many cases, your legal claim will center on proving your employer’s negligence. This helps secure your own compensation and can force changes that make life safer for everyone onboard. Holding an employer accountable can mean:
- Implementing better hiring and screening processes
- Creating clear policies against harassment and violence
- Training supervisors to respond to conflicts before they escalate
- Ensuring medical and security resources are readily available at sea
By pursuing your rights, you not only protect yourself but also help create safer working conditions for your fellow seamen.
When Should I Consult a Maritime Lawyer if I’m Assaulted?
If you’ve been assaulted by a coworker at sea, you don’t have to face the future alone. Maritime laws give you powerful tools to seek justice, but deadlines for filing claims can be short. Acting quickly, by getting medical care, reporting the incident, and speaking with an attorney who understands Jones Act assault claims, can preserve your right to full compensation.
A violent encounter at sea can leave lasting scars. Knowing your rights and enforcing them is the first step toward recovery.
