Can I file a Jones Act claim if I was assaulted on my vessel?

Maritime Assault Screen on a Laptop With a GavelJones Act seamen face numerous hazards aboard their vessels, and should not have to face the added danger of physical or sexual assault. Unfortunately, many maritime workers will suffer these kinds of attacks at the hands of their fellow crew members, forcing them to endure painful trauma that could last the rest of their lives.

Employer Negligence in Jones Act Claims for Assault

The consequences of physical and sexual assaults on a vessel can be devastating. A victim may be left with disfiguring scars, suffer permanent disability, or even killed due to an aggressive act. Even if the victim’s physical injuries heal with time, the psychological trauma of the incident may prevent the victim from returning to work, cutting short a lucrative career in the maritime industry.

In general maritime law and Jones Act cases, an employer can be held liable for failure to ensure a safe workplace at sea. As a result, crew members on fishing boats, cruise ships, and other vessels may be able to seek compensation from an employer or shipowner as well as the person who assaulted them after a:

  • Fistfight. Long hours, intoxication, and personality conflicts on working vessels can all increase the odds that an altercation will turn violent. Employers should have strict policies involving alcohol and drug use, ensure that workers get proper rest, and have training and disciplinary programs to discourage fighting on vessels.
  • Armed attack. Employers may share liability for crew member stabbings, shootings, or injury from other weapons if the employer knew or should have known that the assailant had weapons aboard the ship.
  • Sexual assault. If a fellow crew member is charged with criminal sexual assault, the employer may share responsibility due to negligent hiring practices (such as hiring someone with a history of violent behavior).

If you or someone you love suffered injuries in a physical altercation at sea, the maritime attorneys at Hofmann & Schweitzer can determine who may be liable for your accident and what you are owed under the law. Call 1-800-3-MAY-DAY today to or download your complimentary copy of Are You a Seaman Injured in a Maritime Accident? Know Your Rights.

 

Paul T. Hofmann
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Focused on personal injury, with an emphasis on maritime, railroad and construction worker tort claims.