Can I file a Jones Act claim if my vessel did not have adequate medical equipment?

If a crew member becomes seriously ill or suffers an injury aboard a vessel, the employer has a duty to seek reasonable medical care. Unfortunately, many seamen suffer serious injury or death each year because an employer failed to provide them with necessary medical treatment.

Failure to Provide Medical Care on a Vessel May Be a Form of Negligence

In general maritime injury cases, employers and shipowners can be held liable if they fail to ensure a safe workplace at sea. While ship operators may not be able to predict or prevent all injuries, they are held to certain standards about how injured and ill crewmen should be treated.

Crew members may be able to seek compensation from an employer or shipowner who did not provide:

• Adequate medical supplies. A first aid kit may not be enough to treat the kinds of injuries that happen at sea. All vessels should be equipped with the types of medical supplies needed to address common emergencies on the water.
• Sufficient emergency response training. Vessels can be miles from the nearest healthcare facility, and the crew must be prepared and trained to act when a seaman suffers a medical emergency. Operators of small and large vessels should ensure that the crew is properly trained in emergency first aid procedures, including when to evacuate the injured crew member for further treatment.
• Onboard medical personnel. Larger ships may be required to carry a medic, nurse, or other licensed medical practitioner to attend to onboard injuries. These professionals may be held liable if they misdiagnose a condition or take actions that aggravate or worsen a seaman’s health.
• Emergency transportation to shore. In severe cases, injured crewmen should be evacuated to a hospital for immediate medical intervention. The ship’s medic may be liable if he or she does not consult with the Coast Guard or medical consultants on shore or causes a delay in further medical care.

If you or someone you love has been injured at sea, the maritime attorneys at Hofmann & Schweitzer can determine who may be liable for the 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.