A seaman can make a claim that his or her injuries were caused by the unseaworthiness of a vessel under general maritime law. The shipowner has an absolute duty to provide a seaworthy vessel. A vessel is deemed seaworthy only if it presents an unreasonable risk of harm to the seaman.
Proving unseaworthiness and injury
To recover for his or her injuries, a seaman must prove that the vessel or the vessel’s equipment was not reasonably suited for the purpose or use for which they were intended, and the unseaworthy condition played a substantial part in bringing about or actually causing the injury and that the injury was either a direct result or a reasonably probable consequence of the unseaworthiness.
Qualifying as a Seaman
To qualify as a seaman, a maritime worker must contribute to the function of the vessel or to the accomplishment of its mission and must have a connection to a vessel in navigation (or to an identifiable group of such vessels) that is substantial in terms of both its duration and nature.
Factors courts consider in determining seaman status
Courts will consider four factors when determining whether a maritime worker has a connection to the vessel, including:
- The worker’s exposure to “perils of the sea,” meaning the hazards of the maritime working environment.
- Whether the work owes his or her allegiance to the vessel rather than simply to a shoreside employer.
- If his or her work is sea-based or involves seagoing activity.
- Whether the worker’s assignment is limited to performance of a discrete task after which the worker’s connection to the vessel ends or whether he or she stays with the vessel.
The complexity of determining seaman status
The test to determine whether a maritime worker is a seaman is complicated. If you were injured on a vessel, please contact us so we can do a free case evaluation to determine whether we think you have a claim. Similarly, the proof needed to show unseaworthiness can also be complicated and require experts to show the unseaworthy condition.
Don’t settle for less: contact a maritime accident attorney
If you’re a maritime worker injured on the job or someone who was injured by a vessel, you can’t afford to settle for less. You need skilled legal advice from a Houston maritime accident attorney. You may be tempted to accept a fast settlement from your employer or another responsible party, but it’s likely not the total amount your case is worth. It may not even be enough to cover long-term treatment or care for complications from your injury.
Call (713) 955-2215 and book your free consultation to fight for what you deserve.
